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Full text of "The final report of the Juvenile Code Revision Committee"



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Juvenile Code 
Revision Committee 




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1079 

REPORT 






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N. U 

North Carolina State Library Doc. 

RaleiRh 



THE FINAL REPORT 

OF THE 

JUVENILE CODE REVISION COMMITTEE 



Raleigh, North Carolina 
January, 1979 



J. Phil Carlton, Secretary- 
Department of Crime Control and Public Safety 

Judge George F. Bason, Chairman 



L 



This report was printed by the 
Division of Crime Control of 
the State of North Carolina in 
accord with federal guidelines 
and funds administered by the 
Law Enforcement Assistance 
Administration of the United 
States Department of Justice 
under Title I of the Omnibus 
Crime Control and Safe Streets 
Act of 1968 as amended. 
(Action Grant No. 76-01-A01- 
1628) . 

The Juvenile Code Revision 
Committee is submitting this 
report to the 1979 Session of 
the General Assembly in accord- 
ance with Senate Bill 62 of the 
1977 Session of the General As- 
sembly. 



JUVENILE CODE REVISION COMMITTEE 



The Honorable George F. Bason, Chairman 

Raleigh 



The Honorable Larry T. Black 
Charlotte 



William Harley Stepp, Jr 
Render sonville 



Daniel T. Blue, Jr. 
Raleigh 

Mary J. Dichtenmueller 
Tomahawk 



Representative Lura S. Tally 
Fayetteville 

Representative Margaret R. Tennill* 
Winston Salem 



Charles J. Dunn 
Raleigh 

Oriel K. Leak 
High Point 

Henry Frank Liske 
Concord 



Albert S. Thomas, Jr. 
Wilson 

Norma 3 . Turnage 
Rocky Mount 

Senator Willis P. Whichard 
Durham 



Senator Roger D. Sharpe 
Morganton 



EX-OFFICIO MEMBERS 



Secretary J. Phil Carlton 
Department of Crime Control and Public Safety 

Barbara W. Sarudy, Chairman 

Juvenile Justice Planning Committee 

Governor's Crime Commission 



Staff 



Director: 

Sarah Frances Patterson 



R.e search Associate 
Robert E. Collins 



Secretaries : 
Sheila Alexander 
Norma Fishe 



PREFACE BY J. PHIL CARLTON 

This report of the North Carolina Juvenile Code Revision Committee 
is as important to the future of North Carolina as any the Governor and 
the 1979 General Assembly will receive. It is a vital part of this 
Administration's review of our State's criminal justice system and is 
printed separately from its parent publication, A CRIME CONTROL AGENDA, 
both because of its importance and its length. I am delighted to join 
in transmitting it because its many recommendations will bring major 
progress to our juvenile justice system. 

The Juvenile Code Revision Committee was created by the 1977 

General Assembly as an adjunct committee of the Governor's Crime Commission 

and organizationally placed in the Department of Crime Control and Public 

Safety. The statute creating the Committee succinctly sets out its major 

tasks and responsibilities. GS 143B-480(c)(6) provides as follows: 

The Juvenile Code Revision Committee shall study problems 
relating to young people who come within the juvenile jurisdiction of 
the District Court as defined by Article 23 of Chapter 7A of the 
General Statutes and develop a legislative plan which will best serve 
the needs of young people and protect the interests of the State; 
shall study the existing laws, services, agencies and commissions 
and recommend whether they should be continued, amended, abolished 
or merged; and shall take steps to insure that all agencies, 
organizations, and private citizens in the State of North Carolina 
have an opportunity to lend advice and suggestions to the development 
of a revised juvenile code. If practical, the Committee shall submit 
a preliminary report to the General Assembly prior to its adjournment 
in 1977. It shall make a full and complete report to the General 
Assembly by March 1, 1979. This adjunct Committee shall terminate 
on February 28, 1979. 

It would be redundant to set out here the many reasons for 

creating this study committee. Suffice it to say that juvenile 'crime" 

and undisciplined conduct have increased at an alarming rate in North 

Carolina and the nation as a whole. The disproportionate percentage 



of all crimes committed by young people has been noted elsewhere in 
this report. It is the most serious problem we have in terms of 
controlling crime in North Carolina. 

North Carolina's natural, but unfortunate, tendency over the 
years has been to address the problem in piecemeal fashion. We have 
reacted instead of prepared. We have acknowledged instead of provided. 
We have legislated but not funded. We have superfluous laws, outmoded 
laws and inadequate laws. We have fragmented and duplicated services. 
We need a change. 

This report represents the kind of progressive change our system 
needs. The Committee has addressed all of the statutory assignments 
and more. It has explored the needs of the entire juvenile system 
and considered the many alternatives to meet those needs. In a vast 
and complex field, one in which people of conviction have serious 
philosophical disagreements, it has reached the sensible consensus 
reflected in this report. While there is probably no one in North 
Carolina who would agree with es/ery single one of the Committee's 
recommendations (indeed I don't), it represents the best thinking of those 
who have spent nearly two years in serious study and deliberation, and 
it is an excellent plan. 

I have never seen a committee work any harder than this one. The 
members of the Committee have spent an incredible amount of time and 
energy in this area of our public life in which emotions run high. 
Chief District Court Judge George Bason of Raleigh, who served as 
Chairman of the Committee, Project Director Sarah Patterson, and Research 
Associate Robert Collins are to be especially commended for their hard 
North Carolinians owe a great deal of gratitude to eyery 
single Committee member. 



11 



We applaud the Juvenile Code Revision Committee for this 
product of their unrelenting labors and commend it to the General 
Assembly as a new Juvenile Code which will make immeasurable contributions 
to the control of crime in North Carolina. 



J. Phil Carlton 

Secretary 

DEPARTMENT OF CRIME CONTROL 

AND PUBLIC SAFETY 



111 




JAMES H. POU BAILEY 

Senior Resident superior Court judge 

A. PILSTON GODWIN. JR. 
Resident Superior Court judge 

EDWIN S PRESTON. JR. 
resident Superior Court judge 



&je.ne.'iaL Court of J.ui.tLce. 

lOtfi £udlclaL tE>l±txict 

WAKE COUNTY 

RALEIGH, NORTH CAROLINA 

December 1, 1978 



District Court Judges 
GEORGE F. BASON. Chief 
HENRY V. BARNETTE. JR 
STAFFORD G. BULLOCK 
GEORGE R GREENE 
JOHN HILL PARKER 
S PRETLOW WINBORNE 



The Honorable James B. Hunt, Jr. 
Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27602 

Dear Governor Hunt: 

It is my pleasure to submit herewith the report of the 
Juvenile Code Revision Committee. 

Our statutory assignment was at once both challenging 
and humbling. 

Our product is a composite work reflecting the geographic 
and professional diversity of our committee members as well as 
the diversity of views of participants at our public hearings. 

It is the hope of the Juvenile Code Revision Committee 
that our proposals will merit your endorsement. 

It is our sincere belief that enactment of our proposals 
is a necessity if North Carolina is to provide the administrative 
framework to care for juveniles in trouble and if we are to 
provide the procedural framework to protect the rights of 
juveniles and the interest of the State. 

™: 

George F.^ Bason, Chairman 
Juvenile Code Revision Committee 

GFB:sj 





IV 



TABLE OF CONTENTS 

Page 

Preface by Secretary J. Phil Carlton 1 

Letter of Transmittal from the Chairman iv 

Acknowledgements xvi 

Introduction 1 

RECOMMENDATIONS 

Status Offenders 12 

The School' s Role in Delinquency Prevention 21 

Abuse and Neglect 30 

Coordination of Juvenile Justice Services 36 

The Single Agency Concept 37 

Services at the Local Level 50 

Intake 56 

Immediate Custody and Detention 64 

Corrections 72 

Jury Trials 82 

Law Enforcement 86 

Certification and Training of Judges 97 

Guide to Citations 102 



v 



PROPOSED NORTH CAROLINA JUVENILE CODE 
Article 41. Purpose; Definitions 

Page 

§ 7A-506 . Purpose 103 

§ 7A-507 . Definitions 105 

Article 42. Jurisdiction 

§ 7A-508 . Jurisdiction Ill 

§ 7A-509 . Retention of Jurisdiction 113 

Article 43. Intake 

§ 7A-510 . Intake 115 

i 7A-511 . Preliminary Inquiry 116 

§ 7A-512. Evaluation 118 

§ 7A-513 . Evaluation Decision 120 

§ 7A-514. Referral and Follow-up 122 

§ 7A-515 . Request for Review 123 

§ 7A-516. Review of Determination that a Petition Should 

Not Be Filed 124 

Article 44. Screening of 
Abuse, Neglect, and Dependency Complaints 

§ 7A-517 . Protective Services 125 

§ 7A-518. Duty to Report Child Abuse, Neglect, or Dependence 126 

§ 7A-519. Investigation by Director; Notification of 

Complainant 128 

§ 7A-5"0 . Evaluation for Court 131 

§ 7A-521. Request for Review 132 



VI 



Page 

§ 7A-522 . Review by the Prosecutor 133 

§ 7A-523. Duty of County Department of Social Services to 

Report Evidence of Abuse 134 

§ 7A-524. Authority of Medical Professionals in Abuse Cases . . 135 

§ 7A-525 . Immunity of Persons Reporting 137 

§ 7A-526 . Waiver of Privileges 138 

§ 7A-527 . Central Registry 139 

Article 45. Venue; Petition; Summons 

§ 7A-528 . Venue 140 

§ 7A-529 . Pleadings and Process 142 

§ 7A-530. Petition 143 

§ 7A-531. Receipt of Complaints; Filing of Petition 145 

§ 7A-532. Immediate Need for Petition When Clerk's Office is 

Closed 147 

§ 7A-533. Commencement of Action 148 

§ 7A-534. Issuance of Summons 149 

§ 7A-535 . Service of Summons 151 

Article 46, Temporary Custody; 
Secure and Nonsecure Custody; Custody Hearings 

§ 7A-536. Taking a Juvenile into Temporary Custody 153 

§ 7A-537. Duties of Person Taking Juvenile into Temporary 

Custody 155 

§ 7A-538. Authority to Issue Custody Orders; Delegation 158 

§ 7A-539. Criteria for Secure or Nonsecure Custody 159 

§ 7A-540. Order for Secure or Nonsecure Custody 165 

§ 7A-541. Place of Secure or Nonsecure Custody 166 



VII 



Page 

§ 7A-542. Hearing to Determine Need for Continued Secure 

or Nonsecure Custody 168 

§ 7A-543. Telephonic Communication Authorized 172 

Article 47, Basic Rights 

§ 7A-544. Juvenile's Right to Counsel 173 

§ 7A-545 . Appointment of Guardian 175 

§ 7A-546. Appointment of Guardian Ad Litem 176 

§ 7A-547. Payment of Court Appointed Attorney or Guardian 

Ad Litem 179 

Article 48, 
Law Enforcement Procedures in Delinquency Proceedings 

§ 7A-548. Role of the Law Enforcement Officer 181 

§ 7A-549 . Interrogation Procedures 182 

§ 7A-550. Authority to Issue Nontestimonial Order in the 

Case of Juveniles Alleged to be Delinquent 184 

§ 7A-551. Time of Application 186 

§ 7A-552 . Basis for Order 187 

§ 7A-553. Issuance of Order 188 

§ 7A-554. Nontestimonial Identification Order at Request of 

Juvenile 189 

§ 7A-555. Destruction of Records Resulting from Nontestimonial 

Procedures 190 

§ 7A-556 . Penalty for Wilful Violation 192 

Article 49. Transfer to Superior Court 

§ 7A-557. Transfer of Jurisdiction of Juvenile to Superior 

Court 193 



L 



VI 11 



Page 

§ 7A-558 . Probable-Cause Hearing 194 

§ 7A-559. Where Probable Cause Is Established 197 

§ 7A-560. Right to Bail; Detention 198 

§ 7A-561. Double Jeopardy Prohibited 199 

Article 50, Discovery 

§ 7A-562. Disclosure of Evidence by the Petitioner 200 

§ 7A-563. Disclosure of Evidence by the Juvenile 205 

§ 7A-564. Regulation of Discovery; Protective Orders 207 

§ 7A-565 . Continuing Duty to Disclose 208 

Article 51. Hearing Procedures 

§ 7A-566 . Amendment of Petition 209 

§ 7A-567. Determination of Incapacity to Proceed; Evidence; 

Temporary Commitment; Temporary Orders 210 

§ 7A-568 . Adjudicatory Hearing 211 

§ 7A-569. Participation of the Prosecutor 212 

§ 7A-570 . Conduct of Hearing 213 

§ 7A-571 . Continuances 214 

§ 7A-572. Where Allegations of a Delinquent or Undisciplined 

Act are Admitted 215 

§ 7A-573 . Rules of Evidence 218 

§ 7A-574. Quantum of Proof in Adjudicatory Hearing 219 

§ 7A-575 . Record of Proceedings 220 

§ 7A-576 . Adjudication 221 

§ 7A-577. Legal Effect of Adjudication of Delinquency 222 

§ 7A-578. Predisposition Investigation and Report 223 

§ 7A-579 . Dispositional Hearing 225 



IX 



Article 52. Dispositions 

Page 

§ 7A-580. Purpose 226 

§ 7A-581. Dispositional Alternatives for the Delinquent, 
Undisciplined, Abused, Neglected, or Dependent 

Juvenile 228 

§ 7A-582. Dispositional Alternatives for Delinquent or 

Undisciplined Juvenile 232 

§ 7A-583. Dispositional Alternatives for Delinquent Juvenile 234 

§ 7A-584. Authority over Parents of Juvenile Adjudicated as 
Delinquent, Undisciplined, Abused, Neglected, or 

Dependent 238 

§ 7A-585 . Dispositional Order 241 

§ 7A-586. Commitment of a Delinquent Juvenile to the 

Division of Institutional Services 242 

§ 7A-587 . Transfer Authority of Governor 246 

§ 7A-588 . Prerelease Planning 248 

§ 7A-589. Conditional Release and Final Discharge 249 

§ 7A-590. Revocation of Conditional Release 251 

§ 7A-591. Review of Order Transferring Custody 253 

§ 7A-592 . Probation Review 254 

Article 53, Modification and 
Enforcement of Dispositional Orders; Appeals 

§ 7A-593 . Authority to Modify or Vacate 256 

§ 7A-594. Request for Modification for Lack of Suitable 

Services 257 

§ 7A-595 . Right to Appeal 258 

§ 7A-596 . Proper Parties for Appeal 259 

§ 7A-597 . Disposition Pending Appeal 261 

i 7A-5';8 . Disposition After Appeal 262 



x 



Article 54. Juvenile Records and Social Reports 

Page 

§ 7A-599 . Confidentiality of Records 263 

i 7A-600. Expunction of Records of Juveniles Adjudicated 

Delinquent and Undisciplined 266 

§ 7A-601 . Effect of Expunction 269 

§ 7A-602. Notice of Expunction 270 

Article 55. 
Interstate Compact On Juveniles 

§ 7A-603 . Execution of Compact 271 

§ 7A-604. Findings and Purposes 271 

§ 7A-605. Existing Rights and Remedies 272 

§ 7A-606. Definitions 272 

§ 7A-607 . Return of Runaways 273 

§ 7A-608. Return of Escapees and Absconders 276 

§ 7A-609 . Voluntary Return Procedure 279 

§ 7A-610. Cooperative Supervision of Probationers and 

Parolees 281 

§ 7A-611. Responsibility for Costs 283 

§ 7A-612 . Detention Practices 283 

§ 7A-613 . Supplementary Agreements 284 

§ 7A-614. Acceptance of Federal and Other Aid 285 

§ 7A-615 . Compact Administrators 285 

§ 7A-616 . Execution of Compact 285 

§ 7A-617 . Renunciation 286 

§ 7A-618 . Severability 286 

§ 7A-619 . Compact Administrator 287 



XI 



Page 

§ 7A-620 . Supplementary Agreements 287 

§ 7A-621. Discharging Financial Obligations Imposed by- 
Compact on Agreement 288 

§ 7A-622 . Enforcement of Compact 288 

§ 7A-623. Additional Procedure for Returning Runaways Not 

Precluded 288 

§ 7A-624. Proceedings for Return of Runaways under G.S. § 

7A-607 of Compact; "Juvenile" Construed 289 

§ 7A-625. Interstate Parole and Probation Hearing 

Procedures for Juveniles 290 

§ 7A-626 . Hearing Officers 290 

§ 7A-627. Due Process at Parole or Probation Violation 

Hearing 291 

§ 7A-628. Effect of Parole or Probation Violation Hearing 

Outside the State 292 

§ 7A-629. Amendment to the Interstate Compact on Juveniles 
Concerning Interstate Rendition of Juveniles 

Alleged to be Delinquent 292 

§ 7A-630. Out of State Confinement Amendment 294 

Article 56. Emancipation 

§ 7A-631. Who May Petition 299 

§ 7A-632. Petition 300 

§ 7A-633. Summons 301 

§ 7A-634. Hearing 302 

§ 7A-635. Consideration for Emancipation 303 

§ 7A-636. Final Decree of Emancipation 304 

§ 7A-637 . Costs of Court 305 

§ 7A-638. Legal Effect of Final Decree 306 

§ 7A 539 . Appeals 307 

§ 7A-640. Application of Common Law 308 



xn 



Article 57. Termination 
of Parental Rights 

§ 7A-641. Legislative Intent; Construction of Article 



Page 
309 



§ 7A-642 . Jurisdiction 310 



§ 7A-643. Who May Petition 



310 



§ 7A-644. Petition 311 

§ 7A-645. Preliminary Hearing; Unknown Parent 312 

§ 7A-646 . Issuance of Summons 315 

§ 7A-647. Failure of Respondents to Answer 316 

§ 7A-648 . Answer of Respondents 316 

§ 7A-649. Adjudicatory Hearing on Termination 317 

§ 7A-650. Disposition 318 

§ 7A-651. Grounds for Terminating Parental Rights 319 

§ 7A-652. Effects of Termination Order 321 

§ 7A-653. Appeals; Modification of Order after Affirmation .. 322 

Article 58 a Judicial Consent For 
Emergency Surgical or Medical Treatment 

§ 7A-654. Judicial Authorization of Emergency Treatment; 

Procedure 325 



OFFICE OF JUVENILE JUSTICE 



Article 59, Powers and Organization 



§ 7A-655. Office of Juvenile Justice 
§ 7A-656. Office of Juvenile Justice 
§ 7A-657. Office of Juvenile Justice 



Purpose 329 

Creation 329 

Transfer of Functions . 330 



XI 11 



Page 

§ 7A-658. Transfer of Personnel and Property 330 

§ 7A-659. Office of Juvenile Justice. 

Director-Deputy Director 331 

§ 7A-660. Office of Juvenile Justice. 

Duties and Powers of Director 332 

Article 60, 
Division of Community-Based Programs 

§ 7A-661. Division of Community- Based Programs 334 

§ 7A-662. Duties and Powers of Assistant Director of 

Community-Based Programs 334 

§ 7A-663. Purchase of Care or Services from Programs 

Meeting State Standards 335 

§ 7A-664. County Assessment of Youth Needs 336 

Article 61. Division of Court Services 

§ 7A-665. Division of Court Services 337 

§ 7A-666. Duties and Powers of Assistant Director of 

Court Services 337 

§ 7A-667. Duties and Powers of Chief Court Counselors .... 338 

§ 7A-668. Duties and Powers of Court Counselors 338 

Article 62. 
Division of Institutional Services 

§ 7A-669. Division of Institutional Services 341 

§ 7A-670. Duties and Powers of Assistant Director of 

Institutional Services 341 

§ 7A-671. Authority to Provide Necessary Medical or 

Surgical Care 343 

§ 7A- A7 2. Compensation to Juvenile in Care 343 



xiv 



Page 

§ 7A-673. Criminal Offense to Aid Escapes 343 

§ 7A-674. Clinical Chaplains for Persons Committed to 

Training Schools 343 

§ 7A-675 . Minimum Standards 344 

Article 63. Regional Detention 

§ 7A-676. Regional Detention Services 345 

§ 7A-677. Authority for Implementation 345 

§ 7A-678. State Subsidy to County Detention Homes 346 

§ 7A-679. Detention Standards and Services 347 

§ 7A-680. Standards and Inspections 348 

§ 7A-681. Inspections of Local Detention and Holdover 

Facilities 349 

§ 7A-682. Enforcement of Minimum Standards 349 

i 7A-683. Supervision of Local Confinement Facilities 351 

§ 7A-684. Medical Care of Juveniles 352 

§ 7A-685 . Sanitation and Food 353 

§ 7A-686. Training of Detention Personnel 353 

§ 7A-687. Separation of Sexes; Jailer's Report 354 

Article 64, 
Youth Services Advisory Committee 

§ 7A-688. Committee Created; Duties 355 

§ 7A-689. Composition of Committee; Terms; Vacancies; 

Meetings ; Expenses 357 

Recommended Statutory Changes not Included in the Proposed 

North Carolina Juvenile Code 364 

Appendices 373 

Addenda 397 



xv 



ACKNOWLEDGMENTS 

The Juvenile Code Revision Committee and staff wish to 
express cur gratitude to Governor Jim Hunt for the opportunity 
to serve the children of North Carolina. 

The Juvenile Code Revision Committee and staff wish to 
extend our appreciation to the Administrative Office of the 
Courts and the Departmert of Human Resources for their con- 
tinuous interest and cooperation. And we wish to acknowledge 
the openness, candor, and cooperation of dozens of staff persons 
within these agencies. 

The Juvenile Code Revision Committee and staff wish to 
thank the many persons appearing at the fifteen public hear- 
ings held across the State as well as those persons making 
written presentations to offer support, constructive criti- 
cism, and often viable alternatives for Committee considera- 
tion. A list is included in the addenda. 

The Juvenile Code Revision Committee and staff wish to 
thank the North Carolina Juvenile Services Association and 
Captain S. B. Simpson and the Juvenile Officers' Association 
for their valuable insights based on experience. 

The Juvenile Code Revision Committee and staff wish to 
thank the staff of the agencies and programs visited by the 
staff for their assistance in responding to inquiries by the 
Committee. A list is included in the addenda. 

The Juvenile Code Revision Committee and staff wish to 
express gratitude to Susan Sabre of the staff of the Legislative 



xvi 



Bill Drafting Office of the General Assembly for her invaluable 
assistance in preparing the final legislative drafts contained 
in this report. 

Finally, with deepest appreciation the Juvenile Code Revi- 
sion Committee and staff wish to thank Mason P. Thomas of the 
Institute of Government for his timely and provocative advice 
and counsel and for the many hours he selflessly devoted to 
the work of the Committee. 



XVil 



INTRODUCTION 

The Juvenile Code Revision Committee was established by 
the 1977 General Assembly as an adjunct Committee of the Gov- 
ernor's Crime Commission. Since members were sworn in on 
April 15, 1977, the Committee has met bi-monthly to study 
existing laws pertaining to juveniles in North Carolina, to 
examine legislation and programs of other states and to re- 
view the Juvenile Justice Standards of the Institute of Judi- 
cial Administration and the American Bar Association and 
recommendations of other study commissions to present to the 
North Carolina General Assembly a cohesive report outlining 
a coordinated working approach to our juvenile justice system. 

At the outset, the Committee solicited information by 
contacting the heads of all state, local and county agencies 
dealing directly or indirectly with children including sher- 
iffs, chiefs of police, Juvenile Officers Association, the 
N.C. Criminal Justice Academy, Mental Health, social services, 
chief court counselors, Juvenile Services Association, 
group homes, superintendents of schools, county managers, 
colleges and technical institutes with juvenile justice pro- 
grams, district attorneys, public defenders, and judges. 
Several agencies and organizations designated liaisons to 
work with the Committee to provide input from the local level. 



The Committee attempted to analyze and catalogue services 
available to children, particularly juveniles in trouble with 
the law. Various committee members met with persons at the 
administrative as well as the field level from the Department 
of Human Resources, the Division of Social Services, the 
Division of Youth Services, the Division of Mental Health, 
the Juvenile Services Division of the Administrative Office 
of the Courts, and the Department of Public Instruction in 
an effort to fully understand existing programs and the pre- 
sent service delivery system. The Committee evaluated com- 
ments and criticisms from those interviewed as well as studied 
the recommendations embodied in various model codes and ana- 
lyzed organizational innovations being tried in other states. 
One goal of the Committee was to increase the quality and 
availability of juvenile services by considering new methods 
for service delivery, eliminating duplication, and promoting 
cooperation among child serving agencies. 

Staff services for the Committee were provided by the 
Division of Crime Control of the Department of Crime Control 
and Public Safety under a grant made to the Division by the 
Governor's Crime Commission (Grant # 76-01-A01-1628) . 

Given a broad mandate by the North Carolina legislature, 
the Committee determined that the scope of its inquiry should 
not be restricted to matters which could be controlled or 
modified by court order. 



Many of the recent studies conducted in the area of 
juvenile justice have been with reference to the violent and 
chronic juvenile offender. In 1975, 43 percent of all arrests 
for serious offenses involved juveniles. Young people aged 
thirteen to seventeen who constitute 10 percent of the pop- 
ulation comprised 21 percent of those arrested for violent 
crimes including 32 percent of all arrests for robberies, 17 
percent of arrests for rapes, 16 percent for aggravated as- 
saults and 9 percent for homicides.- 1 - In North Carolina in 
1975, juvenile arrests constituted 10.7 percent of all arrests 
including 23.7 percent of all burglary or felonious breaking 
and entering arrests. 2 Although those statistics reflect per- 
centages of arrests rather than convictions, the evidence is 
clear that young offenders commit a disproportionately large 
percentage of serious crimes which declines as age increases 
and that the probability of arrest, conviction and incarcera- 
tion lessens as age increases rather than when the offender is 
young and more active. Hearings before the United States Sen- 
ate Subcommittee to Investigate Juvenile Delinquency on April 
10, 12, 1978 revealed through the testimony of Professors Al- 
bert Reiss of Yale and Walter Miller of Harvard that while 
young offenders aged 15 to 18 comprise 7 percent of the total 
population, they account for 16 percent of all violent crime 
arrests and for 46 percent of major crimes against property. 
Although there is great concern expressed by the citizens of 
North Carolina about the problems of juvenile delinquency, 



the most apprehension is generated with regard to the serious 
offender. 

As one means of gauging the extent and seriousness of 
the problem of the serious offender in North Carolina and of 
delineating the issues of concern in the area of juvenile 
justice, the Committee held five public hearings in 1977. 
The Committee studied those concerns addressed and others des- 
ignated by staff at its 24 full committee meetings and 13 sub- 
committee meetings during its 19 months of study. Before 
developing the Committee's final recommendations, tba Committee 
held 10 additional public hearings across the State to receive 
input and suggestions based on tentative recommendations pre- 
sented at that point. Those hearings were in addition to the 
five public hearings held in 1977 to receive concerns. 

Meetings were open to the public and an effort was made 
to reach as many people as possible for input. Contact was 
maintained with the Juvenile Services Association, the Juve- 
nile Officers Association, and state and local agencies with- 
in the juvenile justice system. The Juvenile Services Asso- 
ciation and the N.C. Justice Academy played a vital role in 
utilizing its summer workshop to discuss the work of the Com- 
mittee and in preparing a report outlining problems that needed 
to be addressed by the Committee including various approaches 
for consideration. 

The R.eport of the Juvenile Code Revision Committee con- 
tains separate but interdependent sets of statements and recom- 
mendations as well as a proposed North Carolina Juvenile Code. 



Included in the report is a summary of the development of 
the juvenile justice systems in the United States and more 
specifically, in North Carolina. Following that summary, 
the Committee has addressed with discussion and recommenda- 
tions several issues of critical importance in juvenile 
justice in North Carolina: status offenders, role of the 
schools in delinquency prevention, intake, detention, roles 
and responsibilities of law enforcement, juvenile corrections 
including review of the increasing problem of serious juvenile 
offenders, coordination of services including a recommendation 
for establishment of an Office for Juvenile Justice, training 
of juvenile justice professionals including certification of 
juvenile court judges, and child abuse. 

Members of the Juvenile Code Revision Committee, despite 
varied backgrounds and divergent points of view, find common 
ground in a dedication to the rights of children and to the 
unique nature and dignity of each child. Each was determined 
to make our existing system work better where possible and to 
supply alternatives where necessary. Chief among concerns of 
the Committee is the upgrading of programs and services neces- 
sary to the court's capability for implementing the code. 
Comprehensive planning based on sound standards of service 
delivery must be undertaken and those plans must be implemented 
through adequate funding. In too many instances, juvenile 
justice agencies have been mandated to accomplish stated goals 
and have been told to do so with already depleted resources. 






Adequate appropriations are essential to "the ultimate accom- 
plishment of our noble goals" rather than simply paying "lip 
service to new directions."-^ 

The Committee believes that, with the support of the 
people of North Carolina and their representatives in the 
legislature, the juvenile justice system will rise to the 
status it deserves. It is the hope of the Committee that the 
recommendations and legislation proposed in this report offer 
a significant step toward achieving that goal. 

Background: History of the Juvenile Justice System 

Juvenile justice in the United States is usually described 
as progressing through several major reforms. The opening of 
the New York House of Refuge in 1825 constituted the first sep- 
arate juvenile institution for child offenders and neglected 
children. Massachusetts provided separate court hearings for 
juvenile offenders as early as 1870 in Boston and separate 
juvenile records in 1877. 

New York enacted legislation to prohibit incarceration 
of children in prisons in 1877. In 1898 Rhode Island provided 
separate pre-hearing detention of children in facilities other 
than jails. Then in 1889 Illinois embodied in legislation the 
various concepts of reform and proposed what became a model 
for the development of a juvenile court. 

The evolution of a separate court for juveniles offering 
informal procedures was seen as a special effort to protect 



juvenile offenders from the stigma of a criminal conviction 
and to provide for treatment or rehabilitation based on an 
evaluation of the needs of the child. 

After 1899, both delinquent and predelinquent children 
came within the jurisdiction of the court. Under the doctrine 
of parens patriae , the State was allowed to intervene as a 
substitute parent in certain situations. 

The judge conducted an informal, non-adversarial hearing. 
The judge exercised full discretion to determine an outcome 
that was in the best interests of the child and a disposition 
to rehabilitate the child by changing the pattern of the child's 
behavior which had been found unacceptable. Notions of pro- 
cedural due process were abandoned in the spirit of social 
reform. 

Development of a Juvenile Court in North Carolina 

The North Carolina Constitution of 1868 provided a frame- 
work for a juvenile court in North Carolina. It mentioned the 
State's responsibility in providing for the "poor, the unfor- 
tunate and the orphan;" it provided for the establishment of 
houses of refuge, houses of correction and orphan houses. 
Children were confined in the state penitentiary from its 
institution until 1869. Mason P. Thomas, Jr., in Juvenile 
Corrections and Juvenile Jurisdiction (1972) , describes the 
use of executive clemency by North Carolina governors to 



6A 



remove children from prison. He writes: 

The first available list of pardons shows that Governor 
Holden pardoned a ten-year-old in 1869 who had been 
sentenced to prison for a year for assault. Another 
case involved a youth who was sentenced to three 
years for stealing a goose valued at ten cents. 
These child prisoners varied in age from 8 to 20. 
The legislative documents containing lists of par- 
dons by various governors show that more than 150 
youthful prisoners were pardoned between 1869 an^ 
1909 in order to remove them from adult prisons, 
particularly Central Prison in Raleigh. 

Support for a separate juvenile correctional system gained 
momentum until 1907 when Stonewall Jackson Manual Training and 
Industrial School was established. The school opened in 1909 
to accept children under sixteen years of age who were con- 
victed of violating a criminal offense. 

The first legislation providing special treatment for 
youthful offenders in the courts came in 1915. The Probation 
Courts Act (Public Laws 1915, Chapter 222), which applied to 
youthful offenders who were eighteen years old or younger, 
introduced new concepts into North Carolina law including 
juvenile delinquency, use of probation, closed hearings for 
juveniles, and separate juvenile records. These concepts 
were subsequently incorporated into the juvenile court 
legislation of 1919. 



The National Child Labor Committee had studied conditions 
in the state affecting children and the report which followed 
was published in 1918 and entitled Child Welfare in North Car - 
olina . Contained therein were proposals of Charles L. Chute, 
a social worker with the National Association of Probation 
Officers (now the National Council on Crime and Delinquency) . 
The 1919 General Assembly enacted the proposals as recom- 
mended except that the legislation included children under 
the age of sixteen rather than under eighteen as suggested 
in the report. 

1919 Juvenile Court Statute 

The clerk of superior court was given jurisdiction over 
children less than sixteen years old who came within these 
categories: delinquent, truant, unruly, wayward, misdirected, 
disobedient to parents or beyond their control or who is in 
danger of becoming so, neglected, dependent upon public sup- 
port, destitute, homeless, abandoned, or whose custody is 
subject to controversy. The categories were not defined by 
the statute. Once jurisdiction attached, it continued until 
the child was twenty- one years of age. The clerk, as juvenile 
judge, was given discretionary authority to exclude the gen- 
eral public from juvenile hearings. Separate juvenile records 
that were to be withheld from public inspection were to be 
maintained. A juvenile petition initiated a juvenile case 



£ 



and notice was by summons. See former G.S. § 110-29 (1965 
Replacement) . Children were to be held separate from adult 
offenders in local jails. See former G.S. § 110-30 (1966 
Replacement) . The county welfare department was to provide 
juvenile probation services, and appropriate conditions of 
juvenile probation were specified. See former G.S. § 110-31 
through 110-33 (1966 Replacement) . A statute applicable to 
adults who contributed to the delinquency and neglect of 
children was included. See former G.S. § 110-30 (1966 Re- 
placement). Appeals were to Superior Court. See fc^mer G.S. 
§ 110-40 (1966 Replacement) . In upholding the constitution- 
ality of the state's juvenile court law, the North Carolina 
Supreme Court relied on the doctrine of parens patriae State 
v. Burnett , 179 N.C. 735 <192oTJ - 

Emergence of Due Process and Constitutional Rights 

The year 1967 marked a new turning point in juvenile jus- 
tice. Both the President's Task Force R eport on Juvenile Delin- 
quency and Youth and Crime and In re Gault , 387 U.S.I. (1967), 
challenged the notion that the best intentioned judge, given 
unlimited discretion, could achieve the goals of juvenile 
courts. In describing the juvenile justice system, the report 
said, "It has not succeeded significantly in rehabilitating 
delinquent youth, in reducing crime or even stemming the tide 
of juvenile criminality, or in bringing justice and compas- 
sion to the child offender." 



9 



The Gault case began to define the procedural rights of 
juveniles. Earlier in Kent v. United States , 383 U.S. 541 
(1966) , the United States Supreme Court held that the juvenile 
was afforded "neither the protections afforded to adults nor 
the solicitous and regenerative treatment postulated for 
children . " 

The line of cases since Gault has perpetuated the dualis- 
tic nature of the Court's decision. Juveniles are entitled 
to some procedural protections and not others. Although they 
can be deprived of their liberty as a result of juvenile court 
intervention, the basis for intervention is treatment and re- 
habilitation. Therefore, the juvenile court has not been pre- 
vented from pursuing its rehabilitative goals by formalizing 
its procedures to further due process with provision of the 
right to trial by jury (McKeiver v. Pennsylvania , 402 U.S. 
528, 1971). 



10 



Footnotes 



1. Komisar, Luby, "Putting Johnny in Jail: How Real is 
the Juvenile Crime Scare?" Juris Doctor , Volume 3, No. 5 
(June/July 1978) . 

2. Compiled by the Division of Crime Control from in- 
formation provided by the North Carolina Department of Justice's 
Police Information Network. 

3. Pagett, Don L, , Presentation to the Juvenile Code 
Revision Committee. Ashevelle: July 7, 1978. 



11 



STATUS OFFENDERS 

Status offenses are acts by juveniles that are socially 
undesirable but which do not violate any criminal statute. 
The term status offender refers to a child who has done nothing 
which would be illegal if done by an adult. In North Carolina, 
a status offender comes to the attention of the juvenile justice 
system as an "undisciplined child," which is currently defined 
in G.S. § 7A-278 (5) as "any child who is unlawfully absent 
from school, or who is regularly disobedient to his parent, 
guardian, or custodian and beyond their disciplinary control, 
or who is regularly found in places where it is unlawful for a 
child to be, or who has run away from home." 

The issue of what resources, services, and sanctions 
should be available for children who have committed a status 
offense is one which the Juvenile Code Revision Committee has 
spent a great deal of time studying and discussing. The treat- 
ment of this sensitive juvenile problem area can have very 
significant immediate and long-term effects on North Carolina's 
efforts to reduce crime. 

In the last few years there has been increasing national 
concern over the issue of status offenders. Until recently in 
many states, a child who had committed a status offense, such as 
truancy, was within the delinquency jurisdiction of the juvenile 
court, was subject to the same penalties, and could have been 
confined in the same institutions as a child who had committed 



12 



armed robbery or murder. This has changed in many jurisdic- 
tions but it is still a reality in some states. 

North Carolina adopted a policy to speak to this issue. 
G.S. § 7A-286 (4) reads: "A child should not be committed to 
training school or to any other institution solely for unlawful 
absence from school: such child should generally be helped 
through community- level resources. A commitment to training 
school or to any State institution is generally appropriate only 
for a child over 10 years of age whose offense would be a crime 
if committed by an adult and where the child's behavior consti- 
tutes some threat to the safety of persons or property in the 
community so that the child needs to be removed from the com- 
munity for the protection of the community." 

However, prior to July, 1978, the door was left open for 
the possible commitment of status offenders to training school 
in G.S. § 7A-278 (2) through the definition of delinquent child 
which included "any child who has committed any criminal of- 
fense under State law or an ordinance of local government; 
including violations of the motor vehicle laws or a child who 
violated the conditions of his probation under this article . " 
3y this mechanism a child who was regularly disobedient to his 
parents could have been adjudicated undisciplined and placed 
on probation. Conditions of the child's probation could have 
included regular school attendance and respect for parental 
authority. If the child was again brought into court for 
disobediance or skipping school, there could have been a 



13 



finding of delinquency based solely on violation of probation. 
Where that occured, the child was subject to the same sanctions 
as a juvenile who had committed a crime. 

Partially as a result of this process, the North Carolina 
Bar Association's Penal System Study Committee in its 1972 
Report on the North Carolina Juvenile Corrections System, As 
the Twig is Bent , noted that "North Carolina has the unenviable 
distinction of ranking first among all the states in the num- 
ber of children committed to juvenile training schools per 
capita." They further asserted that "the Committee is of the 
opinion that approximately fifty percent of the children in 
our training schools should never have been sent there. This 
opinion is shared by staff personnel of the training schools, 
child psychiatrists and psychologists who are professionally 
involved with these students. They candidly state, and we 
concur, that our training schools are a 'dumping ground' for 
the mentally retarded, the uneducable, the runaways, pregnant 
girls, the neglected and, in many instances, simply the unwanted 
child. The only offense that many of the students have com- 
mitted is that they do not like or cannot adjust to school." 

In response to chis observation and to the growing national 
concern over the incarceration of status offenders, the North 
Carolina State Legislature enacted into law House Bill 456 in 
1975. House Bill 456 states that "the primary intent of this 
act is to provide a comprehensive plan for the development of 
community-based alternatives to training school commitment so 



14 



that 'status offenders' may be eliminated from the Youth 
Development institutions of this State. Additionally, it is 
the intent of this legislation to provide noninstitutional 
disposition options in any case before the juvenile court 
where such disposition is deemed to be in the best interest 
of the child and community." 

In addition, G.S. § 143B-210 states "to fully implement 
the legislative intent and purposes of this act, G.S. § 7A-278 
(2) is rewritten to omit the words 'or a child who has vi- 
olated the conditions of his probation under this article'..." 
However, this provision was not scheduled to become effective 
until July 1, 1977, in order to allow time for development of 
community alternatives, and the 1977 Session of the legislature 
extended the effective date to July 1, 1978. 

Present Questions 

It was in light of this background that the Juvenile Code 
Revision Committee approached the issue of status offenders in 
"orth Carolina. In an effort to fully understand the scope of 
the problem, the Committee conducted public hearings, met in- 
formally with professionals throughout the State who deal with 
juveniles on a daily basis, surveyed practices and recent 
legislation in other states, and consulted national organizations 
that have prepared detailed studies of juvenile justice in this 
country. 



15 



The Committee heard many valid arguments, both pro and 
con, concerning the use of the juvenile court to handle the 
status offender problem. Those who favor the use of juvenile 
court jurisdiction point out that in many instances parents 
cannot or will not adequately discipline their children. In 
these situations there must be some authority which can inter- 
vene and curb the child's anti-social behavior, with or with- 
out the consent of the parties involved. Judge Lindsay Arthur, 
former President of the National Council of Juvenile and 
Family Court Judges, contends that although status offenders' 
behavior may seem relatively insignificant, it is in many cases 
indicative of some serious underlying problem, possibly even 
more serious than may be indicated by a criminal act. 

Thomas D. Gill, writing in Juvenile Justice , in an article 
entitled "The Status Offender" insists that "experience to date 
clearly indicates that the great majority of status offenders 
represent children who are having inherent problems with autho- 
rity, problems which in turn can but rarely lend themselves to 
successful resolution save through the proper use of authority." 
Many judges who have presided over juvenile court believe that 
this proper use of authority, of necessity, includes the possi- 
bility of commitment to an institution such as our training 
schools in order to effectively deal with the problem. Without 
this "ultimate sanction," they feel that it may be impossible 
to force uncooperative children to participate in treatment pro- 
grams which could identify the underlying cause of the antisocial 
acts the child has committed. 

16 



It is also contended that a large number of status 
offenders engage in delinquent behavior for which they are 
not caught. Supporters of juvenile court jurisdiction over 
status offenders believe that it is less stigmatizing for 
the juvenile and easier for the authorities to bring a child 
to the attention of the court through status offense juris- 
diction than to attempt to prove a delinquent act. In this 
manner, a problem child can receive the assistance of the ser- 
vices available to the court sooner and with a minimal impact 
on the child's juvenile record. 

Those who oppose the use of the juvenile court to deal 
with status offenders contend that it is patently unjust for 
the State, via the juvenile justice system, to subject youths 
to incarceration for "non-criminal" behavior. 

There are also indications that the confinement of sta- 
tus offenders is frequently exercised in a manner which evi- 
dences racial, economic, and sexual discrimination. The 
poor child, the minority child, and the female child in 
most instances represent a substantially greater percentage of 
students in training schools in the nation than in the overall 
population. 

In many instances, the state correctional process appears to 
serve as a graduate school of crime for status offenders. The 
National Association of Counties, in its publication, Juve- 
nile Delinquency : A Basic Manual for County Officials , cites 



17 



the fact that most juveniles who commit delinquent or pre- 
delinquent acts but stay out of the formal court process keep 
within the range of their first offense. For example, if 
they start with shoplifting, they stick to petty larceny and 
rarely move on to robbery, but juveniles who pass through the 
training schools tend to move on to more serious offenses. 

Committee Conclusions 

The adversary process in court tends to pit parent against 
child, which may exacerbate family problems which are often 
the underlying cause of the situation. The Juvenile Code 
Revision Committee recognizes that use of the formal judicial 
process for all but the serious status offender often compli- 
cates a difficult family situation. 

1. The Committee recommends that status 
offenders be diverted at intake to programs 
which address their needs. 

Although the vast majority of professionals dealing with ju- 
veniles are dedicated and serious about their responsibilities, 
there are areas in which the community agencies and services 
could develop effective programs for status offenders but 
have fallen into the easy practice of referring these problems 
to the juvenile court and on to state training schools. With- 
out the possibility of placement at training schools, local 
resources are being encouraged to formulate programs for 
status offenders. 



18 



2. The Committee recommends that when 
jurisdiction of the court is exercised over the 
status offender, confinement in secure custody 
shall be for no longer than twenty- four hours 
and that commitment to a training school shall 
be prohibited. 

The Committee understands the reluctance of judges to assume 
responsibility for status offenders without the possibility 
of incarceration to give authority to their orders; however, 
the Committee believes that the intake counselors can and will 
direct these children to programs and services which will 
better suit their needs . Studies indicate that rehabilitation 
programs that are the most successful are voluntary. Some 
argue that status offenders who participate in local programs 
under the threat of incarceration may resist the program and 
may become delinquent. In addition, the Committee concludes 
that it is contrary to North Carolina's standards of justice 
to allow the possibility of confinement for a class of indi- 
viduals who are not proven criminal lawbreakers. 

Presently, the entire burden of the child's behavioral 
problem is placed on the child's shoulders when it is fre- 
quently the parents who are at least equally responsible. 

3. The Committee recommends strengthening 
sanctions for uncooperative parents . 

Petitioning the court to find that their child is "beyond 
their disciplinary control" could provide a convenient method 
for parents to evade their own obligations and vent their 
hostility toward their off -spring. Furthermore, formal ju- 
venile court jurisdiction over any but the most serious sta- 



19 



tus offenses may not promote the most efficient use of State 
resources. The resources available to the court, both in 
personnel and budget, are limited. 

The emphasis of the court should be upon counseling to 
the family as a unit. The Committee stresses the need for 
expanding vocational education opportunities for young per- 
sons 14 to 18 years of age and has included in the proposed 
legislation a provision for emancipation of a juvenile who 
is over 16 years of age; however, the Committee believes 
that court jurisdiction over the status offender should be 
limited to the juvenile under 16 years of age. 

4. The Committee recommends that the 
age limit for jurisdiction over undisciplined 
juveniles be lowered to include only juveniles 
under 16 years of age. 

Reduction of the age limitation would, first of all, eliminate 
some confusion by coordinating the age limits for both delin- 
quent and undisciplined behavior. This should also simplify 
matters in that juveniles are not subject to compulsory school 
attendance beyond the age of 16 so that truancy is not an issue 
after that time even under current statutes. Finally, the 
Committee finds that court action in the case of a runaway 
or disobedient juvenile is rarely effective in improving 
the family situation after the juvenile has reached his 
sixteenth birthday. 



20 



THE SCHOOL'S ROLE IN DELINQUENCY PREVENTION 

The Juvenile Code Revision Committee studied at length 
the school's role in delinquency prevention to try to define 
the relationship that does and that should exist between the 
schools and the juvneile justice system. 

Governor Jim Hunt, in his keynote address to The Gover- 
nor's Conference on the Role of the Schools in Dealing with 
Status Offenders and Delinquency Prevention, acknowledged 
that "next to the family, the schools are the most important 
social institutions that influence the growth and development 
of our children and the growth and development of our so- 
ciety."-'- The Juvenile Code Revision Committee supports this 
view and recognizes that public schools are potentially the 
State's most effective tool in preventing delinquency. 

Our schools accept a five and six-year-old child and 
until that child has reached young adulthood, exercise a 
significant amount of influence in the development of his 
habits, character, motivations, and self -concept . The 
schools do more than teach academics; they mold people. 

It is unrealistic to argue about whether or not the 
school should be responsible for the behavioral tendencies 
and emotional adjustment of the pupil. The plain truth is 
that school experiences bear a direct relationship to the 
character development and adult personality of the child and 
in that respect, the schools are responsible whether or not 
educators accept and meet this responsibility. The school 



21 



is made up of a physical plant, teachers, students, and ma- 
terials. The quality of their interaction and of the inter- 
action between the school and the world outside can lead to 
or impede an educational experience which may prevent or con- 
tribute to delinquent behavior. 

This is not meant to imply that our schools are solely 
responsible. Parents must play the key role in rearing their 
children. There are also many additional factors involved, 
from varying social values among the population as a whole, 
to the influence of television, to peer group pressures. 
The fact remains, however, that one thing every child has in 
common is that at some point they attend school. Even with 
only six hours a day to serve as a role model, a teacher spends 
more time in direct contact with a child than most parents. 

One of the first considerations of the Committee was to 
ask: What can one do to contribute to the self esteem of a 
child who is not achieving during his first few years in 
school? Educators from the Department of Public Instruction 
agreed that most important to the building of self-esteem 
for a child is his satisfaction in achievement. Governor 
Jim Hunt is certainly on point in his emphasis on reading and 
basics. It is at this earliest level that such a program can 
be most beneficial. 

Many students who have difficulty in school exhibit in- 
dications of this at an early age. There are also students 
at the high school level who could benefit from counseling 



22 



but who unfortunately may not receive that help due to pri- 
orities established for guidance counselors. 

1. The Committee recommends that the 
state's school counseling program be stan- 
dardized and expanded. 

Counselors in elementary schools and junior high schools 
should spot learning problems early and attempt to help the 
child overcome the difficulty whether the source is the fam- 
ily, teachers, peer group, or a medical problem. Further, 
additional counselors should be available in high schools to 
reduce caseloads and provide adequate guidance counseling to 
students that are not college bound. There are 1,320 coun- 
selors presently employed from state funds providing for .65 
counselor per school. Demand for services rendered by school 
counselors is increasing at the junior and senior high school 
levels, and society changes reveal the necessity of providing 
services in the lower grades as well. The role of the coun- 
selor as well as that of the school social worker should be 
clarified, however, before any mass increase in school coun- 
selors is legislated. Too often the school counselor's time 
is consumed with clerical duties. Too often there is no one 
to assist a student with deep-rooted emotional problems in 
receiving treatment. The school system now has 369 social 
workers and 109 psychologists employed from state funds. Rather 
than expand those programs, the Committee would recommend great- 
er interagency coordination and cooperation so that existing 
Social Services and Mental Health personnel are more easily 



23 



accessible to the schools. The counselor who has work ex- 
perience only in education often belittles a career in vo- 
cational education. Little mention is made to a student that 
a plumber, an electrician, a textile worker have greater in- 
comes than most teachers. Too often there is no one to 
assist a student who is not college bound with career planning. 

2. The Committee recommends that the 
Department of Public Education foster greater 
coordination and cooperation between the pub- 
lic schools and the community colleges and 
technical institutes. 

Coordination should include the cooperative use of facilities 
and equipment as well as the formulation of procedures for a 
public school drop-out to attend community colleges and 
technical institutes at an earlier age than is now allowed. 
Non-college preparatory training must be modified and updated 
so that more youth will be fed into the labor market at mid- 
dle rather than low levels. This will also create reasonable 
and realistic prospects for upward mobility through channels 
other than the traditional one of college graduation. 

3 . The Committee recommends that the 
Department of Public Instruction emphasize 
career awareness in the early grades. 

This could be done by expansion of vocational education programs, 

both in terms of the range of fields covered and the ages and 

numbers of students participating. Our schools will never be 

effective until they can offer a curriculum which speaks to 

the needs of all students. 



24 



Another important issue in judging the effectiveness of 

our schools is whether or not a child actually attends school 

enough days to profit from this experience. 

4. The Committee recommends that par- 
ents be held more accountable for their 
child's school attendance. 

The Committee recognizes that parents must accept more respon- 
sibility in insuring that their child attends school. To this 
end, the Committee has prepared legislation which will assure 
that parents are notified of their child's absences as soon 
as it appears that there may be a truancy problem. After a 
specified number of absences, parents will be informed that 
they may be prosecuted under the general compulsory attendance 
law and school attendance counselors will be required to visit 
the child and encourage regular school attendance. Finally, 
after additional absences, the burden will be placed on the 
child's parents to demonstrate that they are not responsible 
for their child's absences. 

The schools must share the responsibility of insuring 
that a child receive an education. In the past it has been 
far too easy to avoid dealing with a difficult student by 
suspending or expelling him. There have frequently been too 
few resources in the schools, and school personnel must con- 
centrate on the majority of students who want to learn or 
cause no disruption. Governor Hunt has said: "I believe that 
there are times when a child has to be taken out of school be- 
cause of the way that child appears to other children, students, 



25 



and teachers. We must have the courage and good clear and 

fair rules to abide by. But I also know that it does no good 

to take a child out of the classroom, and out of the school, 

and then simply put him on the street. Now that may solve 

the problem for the school, but it does not solve the problem 

for that community, the State or that child. "2 

5. The Committee recommends that the 
Department of Public Instruction study the 
components of various in-school suspension 
programs and alternative school programs 
to develop models that may be used by pub- 
lic school systems in developing alterna- 
tives to address those children with special 
needs . 

In addressing this problem, several schools have established-- 
and the Governor's Crime Commission has funded- -several in- 
school suspension programs or alternative school programs. 
Others have been funded locally and provide viable alternatives 
to the traditional school setting. One such program reflecting 
open lines of communication and coordination between the schools 
and the court is the Ocean Sciences Institute in New Hanover 
County. 

Another aspect of the issue of keeping children in schools 
is the problem of absenteeism. As of July 1, 1978, the threat of 
training school was removed for the child who will not attend 
school. The Committee supports this action, believing that 
training schools are inappropriate for non-criminal activity. 
At the same time, education frequently involves hard work and 
many students need encouragement in order to learn. One ap- 
proach to meet this need would be to upgrade the position of 



26 



attendance counselor. The approach of the truant officer is 
outdated and has shown that it fails to resolve underlying 
problems causing school absence. Specific duties and respon- 
sibilities should be set out embodying this philosophy. 

6. The Committee recommends that leg- 
islation be introduced to provide minimum 
standards for attendance counselors, to set 
a counselor/ student ratio and to establish 
uniform salary ranges. 

Attendance counselors are currently salaried by the local 
government. In most of the 145 school administrative units, 
there are no minimum educational requirements for the atten- 
dance counselor and the salary accompanying the position is, 
in many instances, less than the minimum wage. Statewide 
professional standards should be established, an orientation 
toward working to meet the needs of the child should be in- 
corporated, funds at the State level should be appropriated, 
and the ratio of attendance counselors should be defined not 
to exceed one attendance counselor for every 5,000 students. 
Rouse Bill 981 was introduced in the 1977 Session of the Gen- 
eral Assembly of North Carolina to provide minimum standards, 
set counselor/student ratio and set uniform salary ranges; 
however, that bill was delayed indefinitely. 

The State, through our schools, must strive to use every 
resource available to assure that each child receives the 
quality education and social interaction which prepare him 
for responsible adulthood. 



27 



7. The Committee recommends that the 
Department of Public Instruction incorporate 
into its junior high curriculum instruction 
on the law as it relates to juveniles. 

Juvenile justice instruction was a recommendation heard at 
many of the public hearings conducted by Secretary J. Phil 
Carlton of the Department of Crime Control and Public Safety. 
In a section of this report concerning "Coordination of Ser- 
vices," the Juvenile Code Revision Committee recommends the 
establishment of an interagency task force or council in each 
county where a task force is not already active. Immediately 
following formation, that council should work with the princi- 
pals of local junicr and senior high schools to integrate a 
program on juvenile rights and services available to the juve- 
nile within the community. At public hearings across the state, 
numerous juvenile justice officials offered their services in 
coordinating with the school system to plan and implement such a 
program. 

Governor Hunt closed his remarks to the Governor's Con- 
ference on the Role of the Schools by observing that "this 
State will never be what it can be, this Nation will never 
be what it ought to be till we have every person to make it 
the best. We need to help those young people, not simply to 
build themselves, but so they can help us build our communities 
our State, and our Nation."^ The Committee recognizes that 
money spent for education, particularly education of troubled 
children, may eventually save the State thousands of dollars 
in reduced x^elfare costs, reduced judicial costs, and reduced 
prison populations. Our schools must meet the challenge. 

28 



Footnotes 



1. Proceedings Report - The G overnors Conference on 
the Role of the Schools in Dealing with Status Offenders 
and Delinquency Prevention , 1978, p. 5. 



2. 0p_. Cit . , p. 9. 

3. 0p_. Git . , p. 12. 



29 



ABUSE AND NEGLECT 

The Juvenile Code Revision Committee recognizes that the 
timely and proper handling of complaints of abuse and neglect 
can have a significant impact on our system of justice and 
society as a whole. It is apparent that these conditions tend 
to spread and grow if not given corrective attention. Delin- 
quent and undisciplined behavior frequently results from family 
problems, including abuse and neglect. In addition, many parents 
who exhibit abusive behavior toward their children were themselves 
the victims of such actions as children. Hence, untreated abusive 
conduct may become self -perpetuating . 

Realizing, therefore, that every complaint alleging condi- 
tions which would involve the jurisdiction of the juvenile court 
requires immediate professional attention, the Juvenile Code 
Revision Committee orginally proposed that the intake counse- 
lor in the Chief Court Counselor's office screen all complaints: 
those alleging abuse, neglect, or dependence as well as undisci- 
plined and delinquent acts. The Committee emphasized that this 
would not only assure immediate action when it is warranted, but 
would also screen out frivolous or malicious complaints saving 
the court's time for those cases which seriously require the 
court's attention. 

The Committee concluded that rapid assistance to children 
in jeopardy and sound judicial administration require that all 
complaints undergo an initial screening process. However, at 
public hearings in July of 1978, the Committee heard many 



30 



presentees express concern about establishing the intake counse- 
lor as the single portal of entry for the juvenile court. The 
most convincing argument presented in opposition was that pro- 
tective services workers from the county Departments of Social 
Services are professionally trained and better equipped to 
evaluate complaints involving abuse, neglect, or dependence 
than court counselors. Further, since it has always been the 
Committee's intention that protective services workers would 
continue to investigate allegations of this nature, many pre- 
sentees insisted that screening by intake would require addi- 
tional time to respond to a situation which may require immediate 
action. 

1. The Committee recommends that all complaints 
alleging abuse, neglect, or dependency be referred to 
the Director of the county Department of Social Services 
for preliminary screening by that agency. 

Under this proposal, all complaints of abuse, neglect, or de- 
pendence would be screened by protective services workers. To 
assure that every complaint receives proper consideration, the 
Committee is proposing review procedures for cases in which a 
petition is not filed, identical to those proposed for the 
intake process. As set out, a complainant must be notified if 
a petition is not filed and he may appeal that decision to the 
prosecutor's office. This will assure that a complainant, who 
is aware of a case needing judicial attention, will have recourse 
should the Department of Social Services take no action. Many 
presentees to the Committee expressed concern that too often 
the decision to refer a case to court is based on whether a 



31 



placement is available. The Committee was informed of one case 

involving some three reports to Social Services of abuse of a 

particular child, with no action being taken. The complainant 

contacted other agencies but was told the county Department of 

Social Services had final authority. The fourth report was made; 

the child had died, according to the information received. While 

providing the complainant with a means of obtaining protection 

and services for the child, the review procedure preserves the 

impartiality of the court by not requiring the judge to hear 

evidence prior to the hearing. 

The Committee is also concerned that there are frequent cases 

of abuse and neglect which are so serious that immediate steps 

are required to protect the health or life of a child. 

2. The Committee recommends that a law en- 
forcement officer or protective services worker be 
empowered to take a juvenile into temporary custody 
without a court order if there are reasonable grounds 
to believe that the juvenile is abused, neglected, or 
dependent and that he would be injured or could not 
be taken into custody if it were first necessary to 
obtain a court order. 

This proposal would expand the current authority of a protective 

services worker. Under present law, a child can be taken into 

immediate custody only after a court order is issued. In many 

cases, the time involved in obtaining the court order could 

mean the difference between life and death for a child. 

Some speakers at public hearings across the State were 

concerned for the physical safety of protective services worker 

who might attempt to take a child into temporary custody over 

the objection of a hostile parent. The Committee, first of 



32 



all, has proposed this authority as discretionary and is not 
encouraging a protective services worker to put his safety in 
jeopardy. However, the Committee has also given this authority 
to law enforcement officers ; and it is hoped that Social Services 
and law enforcement will work together to assure the safety of a 
child in danger as well as the personal safety of those attempt- 
ing to assist the child. 

The Committee also proposes that the Director of the county 
Department of Social Services, or personnel designated by the 
Director, notify local law enforcement authorities whenever a 
report of child abuse is received. The Committee strongly em- 
phasizes that in a child abuse situation, the safety of the 
child should take precedence, and actions by Social Services 
to that end should constitute the initial response; however, the 
Committee also firmly believes that in some situations, abusive 
parents should be prosecuted. That course of action necessitates 
the early involvement of law enforcement. Timely notification 
of law enforcement by the Department of Social Services could 
have a number of beneficial aspects. A law enforcement officer 
could accompany a protective services worker in investigating a 
report of abuse for the protection of the worker in his attempts 
to assist the child. The law enforcement officer could also be 
on the scene immediately and could therefore gather evidence while 
it is still fresh to substantiate the findings of the protective 
services worker or to assist the District Attorney's office if 
criminal prosecution of the parents is warranted. Finally, 



33 



cooperation between law enforcement and Social Services should 
promote interagency communication which is vital to effective 
service to the juveniles of this State. 

Other Recommendations 

(3) In addressing the problem of child abuse and 
neglect, the Department of Human Resources should esta- 
blish standards to deal with identification, prevention, 
treatment, and intervention. These standards should be 
mandatory for every county. Further, the Department 
should serve to advise and advocate programs and policies 
to alleviate family stress, address family violence, and 
better serve the needs of battered children. 

(4) The North Carolina Department of Public Instruc- 
tion should establish mandatory classes in parenting skills 

(5) In order to ensure the availability of emergency 
services for the protection of children, the State should 
mandate that by July 1, 1980, the local Departments of 
Social Services throughout the State shall develop and 
implement plans which provide for the twenty- four hour 
availability of services to families in stress. 

(6) The Committee, in statutory provisions, is recom- 
mending the expansion of the requirement that abuse and 
neglect be reported, to cases of dependency as well. Fur- 
ther the mandate for reporting to the county Department of 
Social Services is broadened to include all persons who 
suspect that such conditions exist. The Committee consi- 



34 



dered a penalty for not reporting abuse, neglect, or depen- 
dency to insure that the administrators of hospitals, 
schools, and other institutions whose employees may see 
evidence of abuse, neglect, or dependence develop a mecha- 
nism for reporting and encourge their employees to report 
such incidents as required by law. The Committee, however, 
concluded that the threat of civil suit for failure to 
report should be sufficient incentive for institutions to 
encourage reporting. 



35 



COORDINATION OF JUVENILE JUSTICE SERVICES 

The North Carolina Bar Association Penal System Study 
Committee concluded in 1972: "Organization and coordination 
must be brought to a system which has grown disorganized and 
uncoordinated. We must establish a continuity of care that 
begins when a child is arrested and continues through and 
beyond his incarceration until all reasonable steps have been 
taken to assure his rehabilitation. "■'- 

Since that time a number of agencies have been involved 
in reorganizations and personnel changes; yet the need for 
coordination still persists. In 1976, then Lieutenant Governor 
Jim Hunt pointed out, "...One of the problems with our criminal 
justice system is that elements of the system are fragmented 
among the legislative, executive, and judicial branches of 
state government . "2 He characterized the juvenile justice sys- 
tem as "an area which, more than any other, dramatizes the 
fragmentation among and within the branches of state government 
It is an area which most of us have unfortunately neglected 
for too long because we have known too little about the magni- 
tude of the problem."-^ 

With its inception in April 1977, the Juvenile Code Revi- 
sion Committee spent approximately 18 months reviewing the 
performance of the North Carolina juvenile justice system and 
the utility of the legal foundation on which it is based. The 
legislation creating the Juvenile Code Revision Committee 



36 



mandated not only a study of juvenile laws but also a study of 
existing services, agencies, and commissions with recommendations 
as to whether they should be continued, abolished, or merged. 

The Single Agency Concept 

1. The Juvenile Code Revision Committee recommends 
that the functions of intake, probation, and aftercare, 
currently under the Juvenile Services Division of the 
Administrative Office of the Courts; administration of 
the Interstate Compact, currently in the Division of 
Social Services, Department of Human Resources; and 
training schools, detention services, and community- 
based services, currently under the Division of Youth 
Services, Department of Human Resources, be unified in 
a single administrative entity called the Office of Ju- 
venile Justice. 

The creation of the Office of Juvenile Justice will bring to- 
gether functions now located in the Administrative Office of 
the Courts and the Department of Human Resources without requir- 
ing an increase in the present budget requests for these agencies 
and requiring no increase or decrease in number of staff posi- 
tions or in present agency functions. The principle objective 
of this reorganization is to integrate juvenile services in 
North Carolina into an accountable, consistent, child-oriented 
system while increasing current effectiveness of its component 
agencies . 

The creation of the Office of Juvenile Justice has been pro- 
posed as a response to a number of problem areas identified in 
the current delivery of juvenile services in North Carolina. 
These problem areas were systematically identified throughout 
eighteen months of study and testimony from public hearings 



37 



by the Juvenile Code Revision Committee. Among the problem 
areas identified were: 

- The juvenile justice system is disorganized, lacking 
in coordination and a systematic approach to service 
delivery; 

- There is a lack of a common, consistent set of treat- 
ment policies throughout the system. The policies 
under which juveniles are processed often vary from 
one court counselor's office to another or from one 
training school to another; 

- The juvenile may cross a number of administrative lines 
as he progresses through the juvenile justice system. 
There is a lack of communication between those com- 
ponents concerning the juvenile's treatment needs; 

- Policies and system priorities are set by different 
administrative agencies, each responding to a different 
set of constraints placed on them by federal, state, 
and local guidelines regarding the expenditure of funds 
for the care and treatment of juveniles; 

- It is difficult for agencies and individuals outside 
the juvenile justice system to find a visible and 
appropriate agency on which to focus their concerns 
with the system's policies or operations; 

- Currently juvenile justice cannot be managed as it 
should be. Agencies are not held accountable for 
their policies or operations which affect the system 



38 



as a whole or specific components within the system. 
In areas of the system where the authority or responsi- 
bilities of two agencies meet, the accountability is 
vague and juveniles are often lost in this administra- 
tive vacuum; and 
- The separate agencies which compose the juvenile justice 
system do not coordinate their planning activities, pro- 
jections of future workloads, budgeting activities, 
and legislative requests. Therefore, conflicting prior- 
ities and legislative requests are presented to the State 
legislature from a number of sources. This makes it dif- 
ficult for the legislature to deal with and focus on the 
problems and needs of the juvenile justice system in a 
rational manner. 

As the problems listed indicate, there are a number of areas 
of communication and coordination, and subsequently service de- 
livery, among what are now separate agencies which would be dra- 
matically improved by inclusion in an Office of Juvenile Justice. 
These areas are primarily those in which one component of the 
system tends to influence the workload of another or in which 
the child, or information concerning the child, needs to progress 
smoothly from one part of the juvenile justice system to another. 
Several of the more important areas of critical interaction are: 
Intake/Detention : Intake plays a major role in determining 
the detention workload through its detention policies, its 
ability to find alternative placements for juveniles which 



39 



do not necessarily require secure detention, and its rela- 
tive ability to assist juvenile courts in the expedious 
processing of juvenile cases. These two components of 
the juvenile justice system are highly interrelated and 
yet, are administratively separate under the current sys- 
tem. 

Intake/Community-Based Programs : An essential element in the 
cost-effective operation of the juvenile justice system is 
the ability of intake counselors to divert appropriate 
juveniles from formal handling and, therefore, further 
contact with the system. A critical element in achieving 
this objective is the development of appropriate community- 
based resources designed to serve diverted juveniles in 
their home communities . If appropriate resources are to 
be developed and effectively employed, a strong, account- 
able relationship must exist between intake, probation, 
the local community-based services providers and the 
community-based alternatives program at the State level. 
Intake should provide an on-going needs assessment mechanism 
for community-based alternatives and should be kept con- 
stantly aware of available community resources. If the 
community-based alternatives program is to achieve its 
objective of reducing the number of juveniles treated out- 
side their home communities, juveniles diverted at intake 
should form the bulk of admissions to community-based programs 
(particularly community-based residential programs) . These 
components are currently administratively separate. 

40 



Training Schools/Aftercare : Juveniles returning to their 
home communities on conditional release from training 
schools are at a critical stage in their treatment pro- 
cess. These juvenile are under the supervision of a 
court counselor and have passed from one treatment pro- 
gram to another, from one administrative unit to another. 
It is essential that these juveniles stay within a common 
treatment framework as they move from training schools to 
aftercare. It is also essential that the juvenile's pro- 
spective aftercare counselor be involved in all aspects 
of the training schools' pre-release planning for the 
juvenile. This is difficult under the current structure 
of differing administrative structures which lack a 
mechanism to enforce accountability for the juvenile's 
smooth transition from training school supervision to 
community supervision. 
The integration of the components of the juvenile justice system 
under the Office of Juvenile Justice would provide a number of 
administrative and programmatic benefits. Among these are the 
following: 

- The development and implementation of a consistent, 
systemwide approach to the delivery of treatment 
services ; 

- The development of a systemwide approach designed to 
encourage the increased utilization of volunteer re- 
sources while insuring their effective recruitment , 
screening, training, and utilization; 



41 



The more efficient utilization of scarce staff de- 
velopment and training resources ; 

The coordination of technical assistance efforts through- 
out the juvenile justice system; 

The implementation of a centralized budget development 
process for ihe major components of the juvenile justice 
system, together with the development of standardized 
workload formulas as a means of documenting need in 
program areas. The legislature would be able to review 
a single budget that would reflect the needs of the 
system; 

The implementation of a statewide program monitoring 
system with the capability of monitoring program per- 
formance at all major decision points within the juve- 
nile justice system. This monitoring system would be 
tied in to an administrative structure capable of 
responding to problem areas throughout the entire sys- 
tem; 

The development of consistent, statewide policy and 
operational manuals for ail components within the 
system. This would insure a consistency of program 
operation that is lacking in the current system while 
providing program policies and operational standards 
against which program performance would be monitored; and 
The creation of a single, visible focus for community in- 
volvement, participation and input into the juvenile jus- 
tice system. 



42 



Perhaps most frustrating to the Juvenile Code Revision Com- 
mittee in its study has been the complete void in statistical 
information on components of the juvenile justice system. 
There is a need for statistical data as a tool for evaluation. 
The collection of this kind of data would go beyond a mere 
compilation of kinds of juvenile offenses and arrests. A 
statistical reporting system should provide more specific data 
relating to impact of different juvenile programs on specific 
clientele groups. Also a system such as this could provide 
system teaching data and indicate possible areas where there 
is a breakdown in the workings of the system. 

2. The Committee recommends that there be 
established a Juvenile Justice Information System 
in order to gather data needed to evaluate program 
effectiveness and to plan programs in areas where 
needs are not being adequately met. 

The North Carolina Bar Association's Penal System Study Commit- 
tee in 1972 cited the lack of information reflecting either the 
number or the percentage of juveniles who "graduate" to the 
adult correctional system. ^ The Governor's Advisory Committee 
on Youth Development in 1973 recommended an office of research 
and planning which would include statistical reporting and 
suggested that any new corrections programs established for 
juveniles include "a research and evaluation component built 
into them from the beginning. "^ 

In order to maximize the use of the information system, it 
requires an organizational framework in which to operate. The 
adult system is coordinated among state and local law enforce- 



43 



ment systems, courts and corrections. Coordination and effec- 
tive data interchange is sometimes difficult under this arrange- 
ment. Ideally, the juvenile information system would be the 
most effective under an Office of Juvenile Justice. The Office 
should collect, evaluate, and assist local communities to col- 
lect and evaluate, statistics, information, and data, the main- 
tenance of which should be coordinated with: 

- The design and implementation of a systemwide management 
information and program evaluation system designed to 
provide program managers with on-going information on 
program effectiveness; 

- The development at the State level of an up-to-date bank 
of available community treatment resources, together 
with the provision of central placement assistance to 
local areas in identifying appropriate treatment resources 
for more difficult cases. 

The proposed organizational structure of the Office of Juvenile 
Justice is designed to provide the coordination which is essen- 
tial to effective service delivery while preserving the identity 
of its component elements. The existing complex system for pro- 
viding services would be simplified to a one agency to one juve- 
nile relationship. Clients needing services would have one 
agency to contact, and the Office would not need to cross bureau- 
cratic lines to provide services except at the community level. 
The Office would administer the provision of or funding of the 
majority of services itself. Those services not directly 



44 



administered by the Office would be available to clients on a 
contract or referral basis through a set of official linkages 
established between the Office and other service providers 
(private and public) . 

The functional structure of the new office must not permit 
it to become simply an umbrella name for the same old bureau- 
cracy and fragmented system of services that now exists. Rather, 
the structure must promote integration. It must have built-in 
coordination and accountability mechanisms, and the flexibility 
to accommodate changing needs. The single focus will be the 
juvenile rather than interagency passing the buck. 

3 . The Committee recommends the 
hiring of persons for state administrative posi- 
tions from those professionals with field ex- 
perience. 

A single agency should establish a mechanism for recognizing 
outstanding achievements and should provide opportunities 
for employees to broaden their knowledge and skills through 
a variety of job assignments, job enrichment, and job rota- 
tion. 

Both interagency promotion and training that is across 
disciplinary lines should alleviate the frustration field 
personnel have related when an administrative person with no 
field experience does not grasp the workings of the local 
agencies or in fact does not realize what the law is with re- 
gard to juveniles since he does not come into contact with it 
every day . 



45 



4. The Juvenile Code Revision Committee recommends 
that the Office of Juvenile Justice be placed under the 
Chief Justice of the Supreme Court as an independent 
office of equal stature with the Administrative Office of 
the Courts. The administrator for this new office would 
be appointed by the Chief Justice of the Supreme Court 
or by an Associate Justice designated by the Chief Justice. 

When the court system was finally decided upon as the best al- 
ternative, the wisdom of removing all components of the juve- 
nile justice system from the direct administrative control of 
the Governor was questioned. However, the Committee feels that 
this decision represents the most positive alternative in that 
it offers the potential for administrative consistency that 
has not been present in the recent history of Youth Services 
in North Carolina. For example, the Division of Youth Services 
has had five directors in the past four years. This constant 
turnover in leadership within the Division has resulted in an 
inability to implement a consistent policy of care and treat- 
ment for the juveniles in its charge. To a large extent, ad- 
ministrative turmoil has resulted from the changes in political 
administrations and atmospheres within the State. The placement 
of the Offica of Juvenile Justice within the Judicial Depart- 
ment would serve to buffer the juvenile justice system from the 
adverse impacts of changes in political administrations and 
give it the potential for stability it desperately needs. 

Several questions regarding the placement of the Office 
under the Judicial Department have been raised. Initially, 
three possibilities for the location of a single agency were 
considered by the Juvenile Code Revision Committee. The first 
was the possibility of creating a cabinet-level entity reporting 

46 



directly to the Governor. The problem with this possibility- 
was that in light of recent State government reorganization, 
it seemed highly unlikely that either the Governor or the 
legislature would support such a suggestion. The second pro- 
posal was pulling all services together under the Department 
of Human Resources, and the third was to unite services under 
the Judicial Department. 

Another concern is that such placement takes the system 
away from the Department of Human Resources which presently is 
responsible for the delivery of most human services and places 
it under the court system which usually doesn't have service 
delivery components. Juvenile justice is a special area in this 
regard. Several court systems in the United States have intake, 
detention, and probation services for their juvenile justice 
systems directly under the control of their state court systems.' 
More importantly, however, North Carolina already has a tradition 
of the delivery of "human services" within the court system, in 
that the Administrative Office of the Court's Juvenile Services 
Division is currently delivering intake, probation, and after- 
care with professional counseling services on a statewide basis. 

Testimony indicates that the Department of Human Resources, 
acting as a human services umbrella agency, has established an 
inconsistent record of service coordination for North Carolina 
juveniles in trouble with the law. For example, it has been 
difficult for juveniles served by the Division of Youth Services 
to obtain needed services (i.e. services for mentally retarded 



47 



and emotionally disturbed delinquents) from its sister agencies 
within the Department of Human Resources. Witnesses told the 
Juvenile Code Revision Committee that Title XX monies, earmarked 
and labeled "Delinquency Prevention" and dispersed to North Caro- 
lina's 100 counties through the Division of Social Services, 
rarely were used for that specific purpose at the local level. 
Providing the Office of Juvenile Justice with an independent 
status places it in a stronger position to bargain effectively 
for needed services from the Department of Human Resources and 
provides it with an independent position from which to point 
out inconsistencies. 

The most significant reasons for moving components of the 
juvenile system from the Department of Human Resources and from 
the Administrative Office of the Courts to an independent 
unified position are increased visibility and legislative fiscal 
accountability. At the Department of Human Resources and at 
the Administrative Office of the Courts, juvenile justice is 
just one of many priorities considered during the preparation 
of the total departmental budgets . The creation of a highly 
visible and independent Office of Juvenile Justice would insure 
that the needs of North Carolina's troubled juveniles are no 
longer forced to compete for funding as a small entity and 
usually unchampioned cause within massive and diverse depart- 
ments. These needs would be presented to the legislature in 
a clear and coherent manner by an Office able to speak for the 
problems and needs of the North Carolina juvenile justice sys- 
tem. That Office would focus on setting priorities for a 

48 



unified, coordinated approach to the problem of juvenile de- 
linquency in North Carolina. 

Some concern has been voiced that with a move to the Ju- 
dicial Department, total control for screening, diversion, 
investigation, adjudication, and treatment of the troubled juve- 
nile would rest in the hands of elected district court judges, 
many of whom know little of juvenile law. Under the proposed 
administrative structure, juvenile court judges would have no 
more control of the operation of the juvenile justice system 
than is currently mandated by North Carolina statute. The 
Juvenile Code Revision Committee feels that increasing visibility 
and the importance of the juvenile justice system by placing the 
Office under the Judicial Department might serve to attract more 
interested, qualified, individuals to act as judges in juvenile 
proceedings. This would bring about an increased consistency in 
the operation of juvenile courts. Juvenile court judges would 
still operate with the assistance of the Administrative Office 
of the Courts while services administered by the Office of Juve- 
nile Justice would be placed as a separate co-equal administra- 
tive function. This would offer the opportunity for increased 
cooperation between juvenile court judges and administrators 
of the juvenile justice system. The arrangement should under 
no circumstances represent a threat to the administrative discre- 
tion of the Office of Juvenile Justice. In fact, the proposed 
new law removes the Chief District Court Judge from participa- 
tion in the appointment of the Chief Court Counselor and thereby 



49 



removes from the district court judges all statutory grounds for 
influencing decision-making within the court counselor's office. 
The creation of the Office of Juvenile Justice may well be 
viewed as a culmination in a series of changes which has taken 
place in the juvenile justice system in recent years. Resis- 
tance to change may be anticipated, especially when the terri- 
torial sovereignty of departments is threatened. Thus, the 
success of any change hinges on careful planning and education. 
Without question, the upheaval engendered by such statutory 
changes will be significant. These will include: 

- Movement of personnel both physically and functionally; 

- Transferral of lines of authority and operation; 

- Integration of previously autonomous functions; 

- Coordination of centralized financial and personnel 
management, as well as centralized program planning 
and development; 

but- the Governor's Juvenile Code Revision Committee believes 
that these short term problems of adjustment will be far over- 
shadowed by the ability for coordination of services to the 
troubled juveniles of North Carolina. 

Services at the Local Level 

Testimony before the Juvenile Code Revision Committee 
revealed frequent conflicts and misunderstandings among the 
agencies serving juveniles at the local level. For example, 
school officials feel that they are not being supported when 



50 



they refer a truant to court only to find that the juvenile has 
been diverted from court at intake. In many instances there is 
a question as to whether court counselors or protective services 
workers should take responsibility for a juvenile who has been 
referred to the court and who could be classified as neglected, 
undisciplined, or delinquent. Court officials cannot understand 
why local mental health cannot see a child for psychological 
evaluation without the delay being currently encountered. Often 
public schools, county departments of social services, court 
counselor programs, and private delinquency prevention agencies in- 
cluding group homes hire professionals and establish entire 
treatment programs within their separate organizations. Pre- 
sentees before the Committee also revealed indications that a 
child can be receiving services from as many as five or six 
agencies at the same time. 

In addressing the problems alluded to at the local level, 
the Committee suggests utilization of a coordinating group per- 
haps led by the Chief Court Counselor in each district. 

5 . The Committee recommends that an interagency 
task force be utilized in each county to offer assis- 
tance to the court in juvenile proceedings to determine 
the most appropriate disposition of matters before the 
court and to promote coordination and an exchange of 
information among child serving organizations at the 
local level. The Chief Court Counselor of each district 
should assume the lead in maximizing utilization of 
existing task forces. Participation should include at 
the very minimum representatives from the following 
agencies: Court counselors, Department of Social Ser- 
vices, school attendance counselor, school social work- 
er where one exists, Sheriff's Department, Police De- 
partment, group homes where in existence, mental health, 
vocational rehabilitation, and one or more private citizens. 



51 



A number of presentees to the Committee recommended the esta- 
blishment of a coordinating agency at the local level. Several 
cited Chief District Court Judge Gilbert H. Burnette's utili- 
zation of an evaluation team as a model as to coordination of 
services and maximum use of resources . 

The program developed by Judge Burnette in New Hanover 
County utilizes the facility and staff of the local detention 
center and is a post jurisdictional, predispositional program 
for first offenders. All recidivists are subsequently reviewed 
by the same group so that the majority of dispositions for 
adjudicated undisciplined or delinquent juveniles are based on 
the Evaluation Committee's input and report. The process has 
several components : 

School Information : Each juvenile's school is contacted 
(if written parental consent to do so has been given) and 
a performance and behavior abstract is completed on a 
special form. The information includes items such as 
grades, intelligence, and achievement tests scores, atten- 
dance, social and personal assets, general behavior, and 
specific problems and/or recommendations. This covers 
all school years, if the information is available. 
Social History Interview : This is perhaps the most im- 
portant part of the evaluation process and involves an 
interview with the juvenile and parents and the develop- 
ment of a report on his social circumstances. This is 
an opportunity for the parent and social worker to re- 



52 



view the current situation and gives the parents an oppor- 
tunity to express themselves in a personal setting. Areas 
covered include the current offense, past behavior, school 
information, physical and mental health, associates and 
friends, recreation and/or spare-time activities, drug 
or alcohol involvement, attitude of the juvenile, family 
background, and relationships with all family members. 
Comments of the interviewer concerning his impressions are 
optional . 

Psychological Testing : The evaluation is a screening device 
used to determine the main area of a juvenile's behavioral 
conflict. If clinical warnings are found, clinical test- 
ing can be obtained through the Southeastern Mental Health 
Center or on a private contract basis. Psychiatric consulta- 
tion is provided when warranted by the Mental Health Center. 
Agency Reports : Each agency within the community which has 
had or may have future contacts with the juvenile is con- 
tacted. The majority of these organizations are members of 
the Evaluation Committee. Pertinent information is obtained 
and shared with the committee and included in the report to 
the court. 

At a weekly meeting of the group the information is reviewed 
and a community intervention recommendation is made. If the 
recommendation is unanimous, it is so stated. If there is a 
dissenting opinion, the minority recommendation is included. 
One purpose of the evaluation is to provide the agencies with 



53 



appropriate referrals. The primary service agency is determined 
and copies of the evaluation are made available. The recom- 
mendation is sent to the court in the form of a "Report to the 
Court." Judge Burnette, in his discussions with the Juvenile 
Code Revision Committee, stated that he followed the Evaluation 
Committee's recommendations in almost every case. 

If a juvenile is returned to court for further violations, 
the case is referred back to the committee for a review. In 
this manner, the committee enters a recommendation on virtually 
all offenses . This recommendation is sent to the court in the 
form of a "Note to the Court." 

This program has been reviewed in some detail as an illus- 
tration of a successful ongoing program. This concept could be 
modified to address the particular needs of a given area. Some 
jurisdictions may wish to expand the function to serve neglected, 
dependent, and abused children. Local communities could use this 
opportunity to exchange information and to open lines of communi- 
cation both among agencies and between child serving agencies 
and citizens concerned about children. 



54 



Footnotes 

1. North Carolina Bar Association Penal System Study 
Committee, As The Twig is Bent , 1972, p. 23. 

2. Jim Hunt, Helping C hildren In Trouble With the Law : 
A Position Statement , August, 1976, p. T~. 

3. Ibid . 

4. North Carolina Bar Association Penal System Study 
Committee, As_ The Twig is Bent , 1972, p. 16. 

5 . Report of the Governor ' s Advisory Committee on Youth 
Development , January, 1973 , p~. HT. 

6. The IJA/ABA Standards, Organizational Structure of 
Courts of Juvenile Jurisdiction recommend that intake , probation, 
and detention services be administered by the executive branch 
of government (See Standard 1.2.). 

7. See Michigan, Georgia, California, Oregon, and Virginia. 
The Committee recognizes the fact that some of the states men- 
tioned have courts that are county administered. 



55 



INTAKE: SCREENING OF DELINQUENT AND 
UNDISCIPLINED COMPLAINTS 



Screening and evaluation services may be the most im- 
portant phase of the juvenile justice system. Broad state- 
ments in the present law reflect the basic philosophy of 
intake. The determination of "whether it is in the best 
interest of the child or the State that a juvenile petition 
be filed" as set out in G.S. § 7A-289.7 is the primary 
responsibility now delegated to the intake counselor. 

Present North Carolina law requires that before any 
judicial action is taken, all complaints in delinquent and 
undisciplined cases must be considered by an intake counselor 
where intake services have been established. 

The Juvenile Code Revision Committee recognizes the 
significant function being performed by intake counselors in 
determining whether to divert a child from the juvenile court, 
Diversion is an ambiguous term used to describe a range of 
practices. The creation of the juvenile court system itself 
exemplifies one concept of diversion in that it was estab- 
lished to divert juvenile offenders from the adult criminal 
justice system. Another concept of diversion is viewed in 
the operational definition found in the Report of the Cor- 
rections Task Force of the National Commission on Criminal 
Justice Standards and Goals: 

Diversion refers to formally acknowledged. .. efforts to 

utilize alternatives to... the justice system. To 



56 



qualify as diversion, such efforts must be undertaken 
prior to adjudication. . . . Diversion implies halting 
or suspending formal criminal or juvenile justice 
proceedings against a person who has violated a stat- 
ute in favor of processing through a noncriminal dis- 
position. •*- 
That definition is also accepted and utilized by the IJA- 
ABA Joint Commission on Juvenile Justice Standards. ^ Pro- 
cedures to avoid the court process altogether may also be 
termed diversion. Diversion to community alternatives is 
widely recognized as preventing the stigmatization and 
labeling of a juvenile that may result from his appearing in 
court and acquiring a juvenile record. Extending the intent 
embodied in G.S. § 7A-277 to assure utilization of community 
resources by the courts, the Committee encourages the utili- 
zation of community resources by the intake counselor. This 
is especially true in those cases wherein a juvenile is 
alleged to be undisciplined. The intake counselor who re- 
ceives complaints with regard to undisciplined children 
should primarily refer those children and their parents to 
appropriate community resources. A petition should not be 
issued in most of those cases. From January until June, 1977, 
42% of the total number of complaints across the state were 
for behavior which would be classified as undisciplined be- 
havior. Petitions were filed in 46.747o of the cases. This 
would mean some 1,976 petitions out of a total of 5,521 



57 



petitions filed during the first 6 months of 1977 were for 
undisciplined behavior. 

The Juvenile Code Revision Committee observed that in- 
take services have now been established in all judicial dis- 
tricts; however, presentees to the Committee pointed out the 
need for some uniformity in service delivery for successful 
administration of the system statewide. One of the primary 
sources of the lack of conformity in the intake services 
offered throughout the State was the absence of clear, de- 
finite criteria for determining which cases would be diverted 
There may be, for example, an implicit rule in some districts 
that cases involving second offenders or felonious charges 
are never to be considered for diversion whereas in other 
districts, those cases may be considered proper for diversion 

1. The Committee recommends automatic referral 
to court where certain felony offenses are alleged. 

Although many of the serious felonies are not being diverted, 
the Committee suggests that the discretion be limited where a 
few specific offenses are concerned. This action addresses 
the desire expressed by law enforcement as well as other per- 
sons using the services of the court that there be safeguards 
included in the discretionary powers of the intake counselor 
where the charges involve the most serious felonies. 

Detailed criteria are not provided in the present law, 
which admonishes the intake counselor to determine whether 
it is in "the best interest of the child or the State" that 
a petition be filed. 



58 



2. The Committee recommends that criteria 
to be considered by the intake counselor in making 
his decision as to whether a petition should be 
filed be established and published by the Office 
of Juvenile Justice. 

The Committee makes the following suggestions, many of which 
are adopted from the North Carolina Rules of Procedure Appli - 
cable to Children in District Court , as inclusions in the 
criteria to be established for offenses other than those 
classified as nondivertable : 

- The intake counselor should weigh the views of the 
complainant respecting the need for court action, 
but should not allow such consideration to be the 
controlling factor in making a determination. 

- Denial of the allegations of the complainant shall 
not be regarded as alone sufficient to justify a 
determination that a petition should be filed. 

- The making of restitution shall not be a condition 
on which an evaluation and determination as to 
whether a petition should be filed shall be made. 

- The intake counselor should determine that it is 
in the best interest of the juvenile or the State 
that a petition be filed when satisfied that the 
complaint states the commission of a felony by a 
juvenile over fourteen years of age; or that the 
complaint states behavior which constitutes a 
violation of probation or conditional release pre- 
viously ordered and currently in effect; or that 



59 



it has been determined that on one or more previous 
occasions that a complaint involving that juvenile 
has been referred to community resources. 
The intake counselor should determine that it is in 
the best interest of the juvenile and the State that 
a petition not be filed when satisfied that the com- 
plaint states delinquent behavior of a minor nature 
by a juvenile against whom no prior complaint 
has been made and there are indications that the 
child and his parents are willing and able to cor- 
rect his behavior or that they will seek the aid of 
an available community resource which is likely to 
be able to effect the needed correction; or that the 
complaint states delinquent conduct by a juvenile 
against whom no prior complaints of delinquency have 
been made and there are indications that the juvenile 
acted in ignorance of the law and is aware of his 
accountability for lawful behavior; or that a com- 
plaint of delinquent behavior of a minor nature is 
made against a juvenile because of the failure or 
refusal of adults to resolve differences among them- 
selves or their children; or because of the failure or 
refusal of the juvenile's parents to pay claims for 
damages and there are indications that such differences 
have been or may be resolved other than through court 
action. 



60 



Establishing intake guidelines will insure a more equal 
justice for juveniles in North Carolina. While all of the 
rights afforded adults in the criminal justice system have 
not been afforded juveniles in juvenile court proceedings, 
it is recognized that the proceedings are becoming more for- 
mal and less discretionary. Scholars argue that In re Gault 
and In re Winship clearly establish the principle that in- 
formal diversion systems must operate under procedural safe- 
guards . 3 

Consideration was given to the argument that procedural 

due process should be afforded the juvenile to the extent that 

a formal system of diversion should be developed with the 

juvenile being advised of his rights at the intake stage. 

That argument was rejected. 

3 . The Committee recommends that the intake 
counselor perform no adversarial functions and 
that any information gathered by the intake coun- 
selor would be privileged until after adjudication. 

Since information gathered by the intake counselor during the 

screening and evaluation process would not be available to 

anyone until after adjudication, it was not deemed necessary 

to advise the juvenile of his right to an attorney as part of 

the screening and evaluation process. 

The value of procedural safeguards is directly related 

to the quality of personnel administering the services. It is 

imperative that the intake counselor be sensitive both to the 

needs of the juvenile as an individual and to the importance 

of procedural regularity. 

61 



4. The Committee recommends that the quali- 
fications for the intake counselor include a min- 
imum of a four year college degree in psychology, 
sociology, criminology or other related field and 
two years experience in juvenile probation, juvenile 
social work, or juvenile law enforcement. 

The hiring of individuals with higher academic qualifications 

and more experience working with juveniles in trouble should 

be encouraged. There should be established periodic training 

sessions for individuals involved in screening and evaluation 

as well as an intense orientation program prior to assuming 

responsibilities. Equally significant to the quality of 

personnel administering intake services is the assurance that 

such services are easily accessible. 

5. The Committee recommends intake services 
be available 7 days a week and 24 hours a day. 

Insuring coverage around the clock will require some delegation 

of responsibility but with increased training, delegation 

should not diminish the quality of service and should provide 

a better system of justice for juveniles in North Carolina. 



62 



Footnotes 



1. National Commission on Criminal Justice Standards 
and Goals, "Corrections Task Force Report" 50 (1973). 

2. Institute of Judicial Administration/American Bar 
Association, "Juvenile Justice Standards Project," Standards 
Relating to Youth Service Agencies, 5, (1977). 

3. In re Gault, 387 U.S. 1, (1967); In re VJinship , 
397 U.S. 358, (1970) . 



63 



IMMEDIATE CUSTODY AND DETENTION 

Immediate custody and detention are the mechanisms by 

which police, social service personnel and intake counselors 

can hold a child alleged to be delinquent, undisciplined, 

abused, neglected or dependent until there can be a hearing 

and disposition in the juvenile court. Immediate custody is 

placement of a child in nonsecure facilities for his own 

protection and well being. Detention is placement of an 

alleged delinquent or undisciplined youth in a secure facil- 

ity. 

1. The Committee recommends that the 
Chief District Court Judge be empowered to 
delegate his authority to issue secure and 
nonsecure custody orders. That delegation 
should be limited to any district court judge, 
intake counselors, and members of the Chief 
Court Counselor's staff. 1 

Current law allows the Chief District Judge to delegate his 
authority in this regard. This recommendation, however, 
more strictly limits the officials who may be empowered 
to authorize secure or nonsecure custody. This should 
address the concern expressed by some presentees to the 
Juvenile Code Revision Committee that only professionals 
trained in the area of juvenile justice should be included 
in the officials to whom the court's authority may be dele- 
gated. At the same time, this provision should assure that 
someone is available to authorize custody twenty- four hours 
a day. 



64 



2. The Committee recommends that specific 
criteria must be met before an order for continued 
custody may be entered. 

In addition to observing that a large number of juveniles 
seem to have been detained unnecessarily and that too many 
juveniles are being held in jails, the Juvenile Code Revision 
Committee noted that the percentage of juveniles being placed 
in secure custody varies widely. Current law providing that 
the decision to detain must be for the "protection of the 
community or in the best interest of the child"2 was con- 
sidered to be too broad by the Committee. In establishing 
criteria to assist the judge in determining whether to author- 
ize secure custody, the Committee reflects its view that de- 
tention is justified only to assure the juvenile's appearance 
in court, to protect the community, or to protect the juvenile 
from physically injuring himself. Present law also provides 
that an immediate custody order may be issued when a child is 
"in danger or subject to such serious neglect as may endanger 
his health or morals, or that the best interest of the child 
requires" it. 3 Criteria recommended by the Committee to assist 
the judge in making a decision for nonsecure custody include 
abandonment, physical injury, sexual abuse, and need for medi- 
cal treatment. 

In addition, the Committee has established conditions of 
release which allow the judge to conditionally release a 
juvenile with restrictions on activities, associations, resi- 
dence, or travel if reasonably related to securing the juvenile's 



65 



presence in court; however, the recommendation specifically 
states that the least necessary interference with the liberty 
of the juvenile which still assures his appearance should be 
utilized. Specific criteria are set out in the Proposed North 
Carolina Juvenile Code in Article 46, G.S. § 7A-539. 

3. The Committee recommends that where the 
judge has delegated his authority to issue custody 
orders to the intake counselor or a member of the 
chief court counselor's staff, and that person has 
ordered placement in secure or nonsecure custody, 

a hearing to determine the need for continued cus- 
tody shall be held on the day of the next regularly 
scheduled session of district court in the district 
but in no case later than five days. 4 

The requirement that the case be reviewed more quickly than 

the five days which would be required if the order were 

entered by a judge, serves as a check on the additional 

authority being exercised by someone other than a judge. 

4. The Committee recommends that secure custody 
of an undisciplined child be limited to a maximum 

of 24 hours . 5 

Under the proposals of the Juvenile Code Revision Committee, 
detention of an undisciplined child would be limited to 24 
hours in compliance with the Juvenile Justice and Delinquency 
Prevention Act. Detention of such a child should be dis- 
couraged and if placement is needed, the use of nonsecure 
facilities with counseling capabilities is suggested. Much 
concern was expressed at public hearings across the state 
with regard to limiting the detention of the undisciplined 
juvenile to 24 hours — especially as it relates to the run- 
away from out of the state whose return is handled through 



66 



the Interstate Compact. Although federal funding under the 
Juvenile Justice and Delinquency Prevention Act would be 
jeopardized if detention of status offenders were not lim- 
ited, many argued that the safety of a number of children 
would be jeopardized if restrictions are imposed. Others 
asserted that status offenders should not be detained under 
any circumstances. Having considered all points of view, 
the Committee recommends that if federal regulations from 
the Office of Juvenile Justice and Delinquency Prevention 
change with respect to the 24 hour limitation that the limit- 
ation on detention of undisciplined juveniles be increased 
to 72 hours. 

5. The Committee recommends state admin- 
istration of detention services with regional 
facilities being located according to a plan 
that best matches factors such as need and 
distances involved for the courts and law 
enforcement personnel . 6 

The 1975 Session of the North Carolina General Assembly in 
G.S. § 134A-37 mandated the development of regional detention 
services by January 1, 1979. Yet, the same legislative ses- 
sion failed to appropriate any funds with which this plan 
could be implemented. At present North Carolina, some years 
later, has seven locally operated detention facilities and 
only one state funded and state operated detention home (See 
Appendix III). Some 4,002 juveniles were detained in deten- 
tion homes in 1977 (See Appendix II) . 

After observing the lack of progress in fulfilling the 
mandate of the General Assembly as a result of nonexistent 



67 



funds, the Juvenile Code Revision Committee studied the various 
approaches of other states as well as those proposed by other 
study groups. 

The feasibility of local administration of detention 
services was questioned, primarily because the need for secure 
custody in most of North Carolina's counties is not large 
enough to warrant a detention program that can provide the 
necessary staff supervision and specialized services (medi- 
cal, education, recreation, etc.) except at exorbitant cost. 

According to studies completed prior to enactment of 

the legislation providing for regional detention facilities, 

four more facilities are needed in addition to the Cumberland 

Detention Home. It is recommended by the Division of Youth 

Services that the counties of Washington, Edgecombe, Lenoir, 

and Caldwell be considered as locations and the Committee 

concurs in that recommendation. 

6. The Committee recommends that no juvenile 
be detained in a holdover facility of a local jail 
after July 1, 1981. 

The Committee has noted that detention conditions in North 
Carolina have improved in recent years. In 1972, the Jail 
and Detention Services contracted with the National Juvenile 
Detention Association to make an independent study of detention 
in North Carolina with recommendations for improvement. The 
results of this study were the basis for a Department of Hu- 
man Resources revision of their "Minimum Standards for Juvenile 
Detention Facilities." The new standards, effective July 1, 



68 



1977, embody most of the changes advocated in the study and 
the Committee recognizes that the present detention standards 
are a giant step toward better justice and care for our 
juveniles. However, the Committee is concerned that too 
many juveniles are being detained in holdover facilities of 
local jails. The Committee therefore recommends that no 
juvenile be detained in a holdover facility of a local jail 
after July 1, 1981. Approximately 2,394 juveniles were 
detained in the 64 county jails that have holdover facilities 
during 1977 (See Appendix I). The majority of North Carolina 
jails were not constructed with special sections or accom- 
modations for juveniles. In addition, the physical conditions 
of jails are reported to be poor. Few jails have made at- 
tempts to remodel or furnish juvenile cell blocks so that 
they are different physically from the adult sections in 
accordance with juvenile needs or reasons for holding. A 
frequent concern expressed by law enforcement officials is 
the isolation or solitary confinement of juveniles being held 
in jails. It is common for a juvenile to spend his detention 
in isolation, i.e. solitary confinement, whereas solitary 
confinement is the most severe of the acceptable forms of 
punishment for adult misconduct in county jails. Similarly, 
in adult prisons, isolation is the harshest penalty which 
can be administered. It is ironic then that adolescents 
are subject to deprivation of social contact when jailed, 
a circumstance which is used for punishment for sentenced adults 



69 



Medical services, educational services, and recreation activi- 
ties are virtually non-existent in jails. Detention alterna- 
tives must be developed for use in all judicial districts. 
These alternatives should include the following: 

- Home detention, which is intensive supervision 
of a child in his own home (in lieu of deten- 
tion) by a home detention worker pending court 
disposition. 

- Foster family emergency shelter care which 
could and should include volunteer as well as 
paid homes . 

- Small group shelter care. 



70 



Footnotes 

1. See G.S. i 7A-538 of the Proposed North Carolina 
Juvenile Code . 

2. See North Carolina General Statute § 7A-286 (3). 

3. See North Carolina General Statute § 7A-284. 

4. See G.S. § 7A-542 of the Proposed North Carolina 
Juvenile Code . 

5. See G.S. i 7A-539 of the Proposed North Carolina 
Juvenile Code . 

6. Detention Planning, Children's Bureau, Washington, 
D.C.: U.S. Department of Health, Education and Welfare . (1960) 



71 



JUVENILE CORRECTIONS 

The Juvenile Code Revision Committee realizes that the 
population of serious juvenile offenders within the training 
school system is growing due to the deinstitutionalization of 
status offenders, the utilization of existing resources, and 
the development of community alternatives. 

Anticipating this change in population, the Juvenile 
Code Revision Committee has been studying the policies and 
system of treatment at the training schools and has deter- 
mined that many of the policies currently being used seem to 
have been written in reaction to a crisis, with little plan- 
ning and coordination. 

1. The Committee recommends the adminis- 
trative implementation of the following sug- 
gestions : 

(a) The authority for policy-making 
should be clearly defined and should 
rest with the central management. 

(b) Existing policy should be correlated. 

(c) An easily understandable policy 
format should be adopted. 

(d) Policies should be presented in this 
format in a systematic compilation. 

(e) Regular mechanisms should be estab- 
lished and adhered to for the present- 
ation and review of this policy 
compilation for all training school 
staff. 

(f) Regular mechanisms for review of all 
policy by management should be estab- 
lished and adhered to yearly. 



72 



Existing policies seem to come from four main sources: Execu- 
tive Directives, Division of Youth Services/Department of Cor- 
rection Directives, Division of Youth Services/Department of 
Human Resources Directives, and Individual School Policies. 
The formats of these policies differ greatly. The policies 
are not found in one central place. It is not clear how much 
of the authority for policy making rests with the central 
management and how much of the authority rests with the indi- 
vidual training school director. 

Existing individual policy statements often have good 
philosophy and intent. Many are excellent. They are not, 
however, presented in an organized form that can be easily 
understood and used by all staff persons. In addition, they 
are not a regular component of mandatory training within the 
Division of Youth Services. 

2 . The Committee recommends that there be 
developed and implemented a uniform intensive 
orientation program as well as in-service train- 
ing programs for all training school professionals, 
particularly cottage parents. Further, the Com- 
mittee recommends that each institution provide 
for greater interaction among training school 
psychologists, social workers and cottage parents. 

The inadequate level of staff supervision is often alluded 

to in discussions analyzing the problems at the training 

schools. The murder of a cottage parent in August, 1978, 

at the Juvenile Evaluation Center by juveniles committed to 

the Division of Youth Services prompted the State to take a 

hard look at the training schools, both to review the staffing 



73 



within the facilities as well as the programs. In addressing 
the JEC incident and earlier incidents at Stonewall Jackson 
Training School, Governor Jim Hunt announced the removal of the 
employment requirement that cottage parents have two years of 
college; the creation of 54 new cottage parent positions; and 
the establishment of a third classification for cottage par- 
ents with a salary range from $8,292 to $11,232. The turnover 
of cottage parents is high. The beginning pay of the cottage 
parent, the person who is in the most direct, continuous con- 
tact with the juvenile, has been compared to that of a prison 
guard which was some $1,500 higher prior to August, 1978. In 
1973, the North Carolina Bar Association's Penal Study Com- 
mittee stated: "An upward revision of pay schedules is 
essential to attract and retain qualified cottage parents. 
Their training program should be expanded and upgraded in order 
to have effective rehabilitation; and additional cottage par- 
ents are needed in order that 24 hour-a-day supervision can 
be given to the juveniles in training schools. "1 At that 
time there were approximately 45 cottage parents and some 
status offenders were still being committed to the training 
schools. The requirement of two years of college education for 
the supervisory responsibilities of cottage parents may have 
been to provide motivation for salaries to be increased as 
well as to provide some incentive for the training school to 
tap the resources of community colleges located in close 
proximity. Whatever the intent of the educational requirement, 



74 



neither of the two possibilities mentioned have been forth- 
coming. Certainly, an individual who is qualified and is 
sensitive to the needs of juveniles but is lacking two years 
of college education should not be precluded from consideration 
Whatever the background and training of the person hired, the 
direct and continuous contact this person has with a juvenile 
who may be assaultive, verbally or physically abusive, or 
having difficulty adjusting to the structure of the program 
plan demands intensive orientation and in-service training 
including a full explanation of division policies. 

3. The Committee recommends the development 
of a statewide treatment model Including psycho- 
logical, recreational, educational, and vocational 
components. A clearly defined, written set of 
expectations for improved behavior that parallels 
behaviors which society will expect of the offender 
when he is released should be instituted. 

With the allocation by the Governor of 54 new positions to the 
Division of Youth Services, on paper there would seem to be 
enough professional staff to offer a sound treatment program 
for all students. Indeed, during 1977 there were approxi- 
mately 514 treatment personnel at the five training schools. 
Compare that figure to the approximate 1700 students per year 
or approximately 700 students at any one given period of time. 
There are several basic reasons why present treatment at the 
state's training schools is less than effective. There is no 
statewide system of treatment in the state's training schools. 
The development of treatment programs is left up to each indi- 
vidual school. Most of the training schools have not developed 



75 



a consistent treatment policy within their individual school. 

A typical example is C. A. Dillon where treatment programs 

are left up to the various cottage life staff, who are the 

least equipped of all direct service providers to design and 

implement such programs . Programs are sometimes initiated 

by university interns coming into the school to do field 

placement and dropped when the intern leaves. There are no 

consistent, objective, clearly defined changes in a student's 

behavior that he knows are expected of him when he enters 

training school. Sometimes juveniles don't even know they 

are going to be released until the day before they are, and 

they certainly don't know why. They are confused. They don't 

know what, if anything, they did right in order to be released. 

4. The Committee recommends that individual 
and group therapy be provided each child each week 
and be reflected in each child's individual treat- 
ment plan. The Committee recommends further that 
a copy of the treatment plan be provided to the 
committing court so that informed suggestions may 
be made by local professionals to the treatment 
team. 

The utilization of a treatment team to design and implement a 
program directed toward individual needs is endorsed by the 
Committee; however, the team must meet on a regular basis, 
must be receptive to suggestions of other professionals work- 
ing with the juvenile at the institution, and must have a clear 
line of communication with professionals in the juvenile's 
community who supervised him prior to commitment and who will 
supervise him on conditional release. 2 



76 



5. The Committee recommends that educational, 
vocational , and recreational programs be improved 
and made an integral part of a uniform treatment 
system. 

The need for the juvenile to develop useful skills while at 
the training school was stressed by presentees to the Commit- 
tee. There should be a state level plan that provides for 
access to community facilities to address the need for the 
development of useful skills in demand by private enterprise. 

6. The Committee recommends that there be 
instituted a level or phase system reflecting 
increased achievements and responsibilities with 
improved behavior. The Committee recommends fur- 
ther that the organization of the training schools 
be reviewed to provide adequate security for the 
changing population within the training schools. 

The Juvenile Code Revision Committee heard many persons cite 
the need for more security at the training school. Commun- 
ity residents are feeling victimized and cries are loud for 
the protection of the staff and the juveniles themselves. 
Child-care institutions for licensing purposes must provide 
as a minimum a staff ratio of one staff person for every ten 
children. When one realizes that the juvenile in training 
school will be the more agressive delinquents as community 
programs are fostered, one realized the need for more inten- 
sive supervision of juveniles in training school. 

Historically, the juvenile court was considered a system 
of individualized justice that treated a child's "need" 
rather than his "deed." Whether a juvenile was adjudicated 
delinquent for burglary, arson, rape, or other less serious 
offenses, if he were committed to a training school, it was 



77 



for an indeterminate period of time for "rehabilitation." 
He was to be treated, not punished. 

The theory that the court should help the child became 
at times an excuse for ignoring due process. Youths adjudi- 
cated for less serious crimes could and were confined, in some 
instances, for longer periods of time than would have been 
possible under the adult system. This confinement often was 
the result of a proceeding where the juvenile was not offered 
representation of counsel and where rules of evidence were 
lax. 

With decisions giving juveniles some due process rights, 
the United States Supreme Court signaled the move away from 
an emphasis on coercive treatment and rehabilitation toward 
an emphasis on consistency and fairness and rejection of the 
traditional way of "creating juvenile offenders. There is 
recognition that there is a segment of the juvenile population 
that needs confinement for the protection of society. At the 
same time, allowance must be made and incentive provided for 
the juvenile to meet stated goals to move from a secure, some- 
what spartan environment to a less restrictive residential 
setting. The two settings could be within the same institution 
or could be at different institutions specifically designated 
and designed for the program implemented. 

7. The Committee recommends that isolation 
be strictly regulated and that as a minimum: 



78 



(a) When a juvenile is isolated because of 
conduct that creates a danger to self or others, 
the incident should be reported immediately to 
the program director and when necessary to the 
appropriate medical personnel. The case should 
be immediately reviewed, any required medical 
attention immediately undertaken, and a plan 
devised for the provision of care in a more ap- 
propriate setting. 

(b) A juvenile should be isolated at his 
or her own request when such request arises out 
of a legitimate fear for his or her personal 
safety. 

(c) When the isolation is an emergency 
measure growing out of violent behavior, a staff 
member should remain with the juvenile. If con- 
siderations of safety make it impossible for the 
staff member to remain., the staff member should 
maintain constant observation of the juvenile. 
When the juvenile is in isolation at his or her 
own request, the regular staff visits should be 
designed to clearly identify and quickly resolve 
the problem that led to the request for isolation. 
All juveniles in isolation should be visited at 
least hourly by a specially designated and 
trained staff person, and should be provided one 
hour of recreation in every twenty-four-hour 
period of isolation. 

(d) Each incident of isolation, along with 
the reasons for and the resolution of the matter, 
should be recorded and subject to at least month- 
ly review by the program director and an individ- 
ual or individuals assigned such a review function 
in the office. 

8 . The Committee recommends that corporal 
punishment within the training school system be 
prohibited. ^ 

Certainly, the problem of discipline is much broader than 
isolation and corporal punishment; however, the possible im- 
pact of isolation or corporal punishment if used abusively 
upon a juvenile demanded separate treatment. Regardless of 
the setting and program employed, the isolation of juveniles 



79 



for an indeterminate period of time for "rehabilitation." 
He was to be treated, not punished. 

The theory that the court should help the child became 
at times an excuse for ignoring due process. Youths adjudi- 
cated for less serious crimes could and were confined, in some 
instances, for longer periods of time than would have been 
possible under the adult system. This confinement often was 
the result of a proceeding where the juvenile was not offered 
representation of counsel and where rules of evidence were 
lax. 

With decisions giving juveniles some due process rights,^ 
the United States Supreme Court signaled the move away from 
an emphasis on coercive treatment and rehabilitation toward 
an emphasis on consistency and fairness and rejection of the 
traditional way of treating juvenile offenders. There is 
recognition that there is a segment of the juvenile population 
that needs confinement for the protection of society. At the 
same time, allowance must be made and incentive provided for 
the juvenile to meet stated goals to move from a secure, some- 
what spartan environment to a less restrictive residential 
setting. The two settings could be within the same institution 
or could be at different institutions specifically designated 
and designed for the program implemented. 

7. The Committee recommends that isolation 
be strictly regulated and that as a minimum: 



78 



(a) When a juvenile is isolated because of 
conduct that creates a danger to self or others, 
the incident should be reported immediately to 
the program director and when necessary to' the 
appropriate medical personnel. The case should 
be immediately reviewed, any required medical 
attention immediately undertaken, and a plan 
devised for the provision of care in a more ap- 
propriate setting. 

(b) A juvenile should be isolated at his 
or her own request when such request arises out 

of a legitimate fear for his or her personal 
safety, 

(c) When the isolation is an emergency 
measure growing out of violent behavior, a staff 
member should remain with the juvenile. If con- 
siderations of safety make it impossible for the 
staff member to remain, the staff member should 
maintain constant observation of the juvenile. 
When the juvenile is in isolation at his or her 
own request, the regular staff visits should be 
designed to clearly identify and quickly resolve 
the problem that led to the request for isolation. 
All juveniles in isolation should be visited at 
least hourly by a specially designated and 
trained staff person, and should be provided one 
hour of recreation in every twenty-four-hour 
period of isolation. 

(d) Each incident of isolation, along with 
the reasons for and the resolution of the matter, 
should be recorded and subject to at least month- 
ly review by the program director and an individ- 
ual or individuals assigned such a review function 
in the office. 

8 . The Committee recommends that corporal 
punishment within the training school system be 
prohibited. ^ 

Certainly, the problem of discipline is much broader than 
isolation and corporal punishment; however, the possible im- 
pact of isolation or corporal punishment if used abusively 
upon a juvenile demanded separate treatment. Regardless of 
the setting and program employed, the isolation of juveniles 



79 



should be utilized only in accordance with the above as a 
temporary emergency measure when the juvenile is engaging 
in conduct that creates an imminent danger of physical harm 
to the juvenile or others and policy should be published in 
this regard. 

Corporal punishment should be prohibited. Personnel 
should not be permitted to use physical force against juveniles 
or to allow juveniles to use physical force against other 
juveniles except as necessary in self-defense or to prevent 
imminent injury to the juvenile, another person, or substantial 
property injury, to prevent escape, or when a juvenile's 
refusal to obey an order seriously disrupts the functioning 
of the facility. No more force should be used than is neces- 
sary to achieve the legitimate purpose for which it is used. 
Any personnel using physical force against any juvenile should 
immediately file a written report with the Office setting 
forth the circumstances of the act, the degree of force used, 
and the reasons for the use of force. 



80 



Footnotes 



1. As the Twig is Bent , A Report of the North Carolina 
Juvenile Corrections System. Prepared by the North Carolina 
Bar Association's Penal Study Committee (1972) p. 10. 

2. See G.S. § 7A-584 of the Proposed North Carolina 
Juvenile Code . 

3. See In re Gault, 387 U.S. 1 (1967); In re Winship , 
397 U.S. 358 TT970) j and Breed v. Jones , 421 U.S. 519 (1975). 

4. Standards Relating to Corrections Administration . 
Institute of Judicial Administr at ion/ American Bar Association 
Cambridge, Massachusetts: Ballinger Publishing Company 
(1977), Standard 4.8. 



81 



JURY TRIALS 

Under current North Carolina law, the juvenile court relies 
heavily on the judge at every stage of the proceeding. As an 
attempt to preserve the due process rights of the juvenile at 
every stage of the proceedings, the Juvenile Code Revision Com- 
mittee is proposing a number of statutory changes requiring 
greater involvement of the prosecutor in representing the State 
and an expansion in provisions for legal representation for the 
juvenile . 

At the same time, the Committee has concluded that addition- 
al changes are necessary to insure a fair and impartial adjudica- 
tion and a disposition which is appropriate to the factual situa- 
tion. Some of the Committee's suggestions for change, however, 
have ramifications beyond the area of juvenile justice. In 
another proposal, the Committee has recommended that a Courts 
Commission be reestablished to consider the possibility of multi- 
county juvenile justice districts. 

1. The Committee recommends that a juvenile 
alleged to be delinquent be afforded the right to 
trial by jury. 

Perhaps the primary reason for advocating trial by jury was ex- 
pressed in Duncan v. Louisiana , 391 U.S. 145 at 156 (1968). Mr. 
Justice White, writing for the Court, stated that trial by jury 
gives the accused "an inestimable safeguard against the corrupt 
or overzealous prosecutor and against the compliant, biased, or 
eccentric judge." 



82 



The importance of jury trials, however, goes beyond neu- 
tralizing the biased judge. A jury trial requires the judge 
to articulate his views of the applicable law in the case 
through jury instructions, thereby facilitating appellate 
court review of the legal issues involved. In addition, when 
a jury is not present, the evidentiary questions tend to become 
blurred and appellate review of evidentiary questions is made 
extremely difficult by the universal assumption that the trial 
judge disregarded inadmissible evidence and relied only upon 
competent evidence in arriving at his decision. 

There is an additional argument favoring permitting jury 
trials in juvenile proceedings. The very nature of juvenile 
court with only one judge in any judicial district, who hears 
juvenile cases, suggests that it is much more likely that the 
judge will have had contact with the juvenile prior to the 
adjudicatory hearing than a judge, sitting for an adult criminal 
trial, will have had with a defendant. In a custody hearing, a 
hearing to consider transferring a juvenile to Superior Court, or 
some other preliminary hearing, the judge may consider properly 
presented background information which would be unfairly pre- 
judicial to the juvenile at the adjudicatory hearing. 

The United States Supreme Court has ruled that jury trials 
in juvenile proceedings are not required by the United States 
Constitution: "If, in its wisdom, any State feels the jury 
trial is desirable in all cases, or in certain kinds, there 
appears to be no impediment to its installing a system embracing 



84 



that feature. That, however, is the State's privilege and not 

its obligation." 7 McKeiver v. Pennsylvania , 403 U.S. 528 at 

547 (1971).] Currently, approximately one-third of the states 

authorize trial by jury in juvenile proceedings, some of which 

hold that it is mandated by their state constitutions /_See 

R.L.R. v. State 487 P . 2d 27 (Alaska 1971)J . 

2. The Committee recommends that, upon reesta- 
blishment, a Courts Commission place consideration of 
affording the right of trial by jury to juveniles as 
one of the first items on its agenda for submission 
to the legislature in 1981. 

Recognizing the significant impact that providing for jury trials 
in juvenile proceedings could have on the entire court system, 
the Juvenile Code Revision Committee is suggesting that its recom- 
mendation that such a right be afforded juveniles, be studied by 
a Courts Commission. The Committee recommends the Commission 
study the ramifications of such a recommendation in terms of 
time constraints, costs, and availability of court personnel and 
facilities . 



85 



LAW ENFORCEMENT: ROLES AND RESPONSIBILITIES 

The law enforcement officer's role in the juvenile jus- 
tice system is a crucial one in that he generally is the 
juvenile's initial contact with the system. The President's 
Commission on Law Enforcement and the Administration of Jus- 
tice emphasizes that very often whether or not a child becomes 
involved in the juvenile justice system depends upon the out- 
come of his initial encounter with the police. 1 

Law enforcement agencies in North Carolina respond to 
the community's needs in the area of juvenile justice in sev- 
eral ways. As a result of small case loads in rural areas 
as well as the lack of manpower and funding, most county sher- 
iffs ' departments and smaller municipal agencies use line 
officers to handle juvenile of fenders. 2 In the larger depart- 
ments in the urban areas of the state, there is some speciali- 
zation among units, with a few being responsible only for 
juvenile cases. The line officer, however, continues to be 
involved when he has the initial contact with the juvenile 
offender. It is essential then that his knowledge be indepen- 
dent of that of the juvenile specialist such that his relation- 
ship with the juvenile officer is one of successful coordination 
rather than dependence. 

Prior to 1974, there was no training in the area of ju- 
venile justice within the curriculum offered the beginning 
officer. Approved and effective in the fall of 1978, the 
number of hours of overall training provided incoming officers 



86 



was increased from 160 to 240. Of those hours, eight are in 
juvenile crisis intervention, a very slight increase from the 
six hours previously required. With only 90 specialized 
juvenile units out of some 460 law enforcement departments in 
the state, with the increasing complexities of law, and with 
statistics reflecting a concentration of crime among juveniles, 
eight hours of specialized juvenile training is certainly 
inadequate . 

Recognizing the significant impact the officer has on 
each juvenile he encounters and recognizing that current stat- 
utes give little direction to the officer in the performance 
of his duties, the Juvenile Code Revision Committee has ad- 
dressed, both in statutory proposals and in recommendations 
which follow, the role of the law enforcement officer in the 
handling of juvenile cases and the training necessary to assume 
that role: 

1. Law enforcement agencies should develop 
policy guidelines on the use of discretionary 
judgment including examples of situations where 
discretionary judgment may be exercised. 3 
Guidelines should be published and the depart- 
ment should conduct in-service training to 
affirm its position on the use of discretion. 
Administrative procedures should be established 
to structure and control as well as review the 
use of discretion, and such procedures should 
include disciplinary action where discretion is 
misused. 4- 

The Juvenile Code Revision Committee has set out in statute a 

broad policy which recognizes discretion and which encourages 

the law enforcement officer to use the least restrictive 



87 



alternative available which fairly protects the integrity of 
the law and serves the needs of the juvenile. The Committee 
has attempted to stress the importance of the officer's fair 
use of his discretionary authority. To argue that law enforce- 
ment officers should administer their responsibilities as 
prescribed by statute without regard to personal considerations 
is to seek to perpetuate a myth.5 Given the limited resources 
of law enforcement and the often ambiguous language of the 
statutes, discretion is an essential reality. Along with ex- 
ercising discretion by selecting the least restrictive alterna- 
tive among those available to meet the needs of the juvenile 
must be the development by the officer of an ongoing relation- 
ship with community agencies serving children. 

2 . Every law enforcement unit with at 
least five members should have at least one 
officer who specializes in juvenile work. 

3 . Every law enforcement agency with 
twenty or more officers should have a spe- 
cialized juvenile unit to be responsible for 
conducting juvenile investigations, assisting 
line officers in juvenile matters, and main- 
taining liaison with related agencies within 
the juvenile justice process such as the court, 
the prosecutor, the intake counselor, court 
counselors, Social Services, and other com- 
munity youth serving agencies. 

4. Juvenile officers should be selected 
from the department's experienced line officers. 
They should be officers who have mastered the 
craft of basic police work, and who have ac- 
quired, beyond that, the skill and knowledge 
their specialization calls for. In departments 
having juvenile units, the supervising officer 
should be of sufficiently high rank to convey 
the importance of both the position and the 
area of responsibility. 6 



88 



5. Recognizing the limited number of separate 
juvenile units across the state, the Committee recom- 
mends that all police officers receive thorough pro- 
fessional training in juvenile problems, procedures, 
and law. This training should be conducted both upon 
employment and periodically with in-service training 
programs . 

The following outline of subject areas to be included in the 

minimum basic training required of every law enforcement 

officer is proposed: 

HISTORY AND PHILOSOPHY OF JUVENILE JUSTICE 

Participants would be introduced to the history of the juvenile 
justice system, which encompasses the treatment of juveniles 
prior to 1899 when the first juvenile court was established, 
and the development of the separate system in North Carolina 
brought about by the first juvenile law in 1919. The 1969 
revisions of the juvenile law would also be discussed. The 
philosophy of the first juvenile court under parens patriae , 
and the present philosophy would be discussed. 

PSYCHOLOGICAL DEVELOPMENT OF THE CHILD 

A general discussion of the psychological development of human 
beings would be traced from birth through the various stages 
of development to adulthood. Included in this session would 
be a review of the various types of abnormal behaviors en- 
countered by law enforcement officers among children. Ways 
of identifying these behaviors and the best method of handling 
children behaving in this manner would be presented. A general 
discussion of causes of misbehavior among children would be 
discussed. 



89 



JUVENILE LAWS -- SUPREME COURT -- APPEALS COURT -- DECISIONS 
Students would be presented the general laws pertaining to ju- 
venile offenders and victims in 7A, 14, and other chapters 
in the General Statutes of North Carolina. The important 
Supreme Court and Court of Appeals decisions having a bearing 
on juvenile cases would be discussed, such as In re Gault , 
State v. Rush , Kent v. U.S. , and In re Winship . 

JUVENILE COURT COUNSELING SERVICES 

The role of the juvenile court counselor and intake counselor 
would be defined in relation to the law enforcement officer, 
along with the authority and the responsibilities of these 
offices. The similarities and differences between juvenile 
and adult court would be discussed. 

OVERVIEW OF AGENCIES 

The operation of various agencies, both private and public, 
that provide services to juveniles and would be of assistance 
to law enforcement officers would be presented. Some of these 
agencies are: School Services, Mental Health, Health Depart- 
ment, Family Services, various private group homes, the train- 
ing school, detention facilities, private practicing psychiatrists 
and psychologists. 

JUVENILE VICTIM INVESTIGATION PROCEDURES 

The proper way of handling the investigations where a juvenile 

is the victim would be presented. Included in this discussion 



90 



would be the techniques and philosophy that law enforcement 
should use in the investigations of such crimes as rape, child 
abuse, neglect, incest, contributing to the delinquency of a 
minor, and other crimes. 

JUVENILE OFFENDER INVESTIGATIONS 

The proper methods, techniques, and philosophies of handling 
the juvenile offender would be discussed. The proper methods 
of arrest, diversion, and of drafting court petitions would 
be presented. When a child should be detained, when he should 
be released to his parents, and the proper methods for same 
would be discussed. The development and use of a juvenile 
records keeping system would be incorporated into this session. 
The handling of neighborhood disputes involving children would 
be presented. 

INTERVIEWING TECHNIQUES 

This course would emphasize that when interviewing a child, 
the officer should use a vocabulary that is understood by the 
child; that he choose the proper place and time for the inter- 
view; that he afford the child the rights he is entitled to 
under the law; that he insure the child understands these 
rights; that he interview the child in the presence of his 
parents and be sure that the child understands rights; and that 
the officer interview the child with the idea of helping the 
individual, not just clearing cases. 



91 



PREVENTIONS PROGRAMS OVERVIEW 

The various programs in operation in North Carolina and other 
parts of the country that have been used by law enforcement 
agencies to prevent delinquency would be discussed and ex- 
plained. 

TESTING AND EVALUATION 

The appropriate minimum amount of time that should be devoted 

to the above topic areas are as follows: 

History and Philosophy of Juvenile Justice 2 hours 

Psychological Development of the Child 8 hours 

Juvenile Laws - Supreme and Appeals Court 

Decisions 4 hours 

Juvenile Court Counseling Services 2 hours 

Overview of Agencies Available to Assist Law 

Enforcement 2 hours 

Juvenile Victim Investigation Procedures 6 hours 

Juvenile Offender Investigations 8 hours 

Interviewing Techniques 4 hours 

Preventions Programs Overview 2 hours 

Testing and Evaluation 2 hours 

TOTAL 40 hours 

The following subject areas should be offered as minimum 

training for an officer specializing in juvenile work, with 

additional training encouraged: 

UPDATE ON RECENT LAW CHANGES - COURT DECISIONS 

This training would provide the officer with an opportunity 



92 



to learn of any recent changes in the North Carolina law, such 
as the revisions by the Juvenile Code Revision Committee. It 
would also afford him the opportunity of learning about recent 
changes in juvenile law brought about by Supreme Court or 
Court of Appeals decisions. From this information, trends 
within the juvenile justice system would be apparent. 

TRANSACTIONAL ANALYSIS AND ITS RELATIONSHIP TO THE JUVENILE 
OFFICER 

This would be a course of study in the use of transactional 

analysis and the way it applies to the handling of children 

and in the everyday life of a juvenile officer. (Other types 

of counseling techniques could be substituted for transactional 

analysis . ) 

CASE STUDY APPROACH IN THE HANDLING OF JUVENILES 
In this session, several actual cases of juveniles who have 
been arrested or who were the victims of crime would be given 
to small groups of officers. They would discuss the various 
techniques and diversionary methods that could be used in 
their handling of uhese situations. A presentation would be 
made on each case to the entire group with a discussion fol- 
lowing. 

MANAGEMENT AND POLICY DEVELOPMENT FOR JUVENILE DIVISIONS 
This session would provide the juvenile officer with the ex- 
pertise necessary to develop proper written departmental 
handling procedures and policies so as to improve the 



93 



relationship of the juvenile officer with other departmental 
members. The preparation of handling procedures for the entire 
department would improve the overall expertise of the depart- 
ment. Also included in this session would be techniques 
which could be utilized in improving the relationship between 
the juvenile officer and other agencies. 

VISIT TO A JUVENILE TRAINING SCHOOL 

The juvenile officer would visit a training school facility to 

see how the institution was operated for the benefit of the 

children. Only a small percentage of the juveniles arrested 

by a juvenile unit are actually sent to training school, but 

this would afford the officer the opportunity to see the 

facility and to become acquainted with the operation of the 

school . 

The appropriate minimum amount of time that should be devoted 

to the previous topic areas be as follows: 

Update on Recent Law Changes 4 hours 

Transactional Analysis 24 hours 

Case Study Approach 4 hours 

Management and Policy Development 4 hours 
Visit to a Training School 4 hours 

TOTAL 40 hours 



6 . An Executive Orientation Course in Juvenile 
Justice should be established through the N.C. Justice 
Academy. The course, designed primarily for police 
chiefs and sheriffs, would be a condensed version of 
the areas of study recommended in # 5 as part of the 
basic curriculum required of all law enforcement personnel 



94 



7 . A training course designed to educate 
workers from every area of the juvenile justice 
system (law enforcement, court counselors, train- 
ing school, etc.) on how the system works, common 
problems, and possible methods of cooperation 
among programs should be established. 

8. A program of educational specialization 
in the area of juvenile justice should be esta- 
blished in the state's colleges and universities 
with a particularly strong program at one or two 
locations . 

9 . The Governor should sponsor and partici- 
pate in a conference to spotlight and encourage 
training in the juvenile justice area, with par- 
ticular emphasis on training for law enforcement 
personnel. 



95 



FOOTNOTES 



1. The President's Commission on Law Enforcement and 
the Administration of Justice, The Challeng e of Crime in a 
Free Society , Washington, D.C.,: U.S. Government Printing 
OrTTce, 1967, p. 78. 

2. Thomas, Mason P. Jr. and Hogue, L„ Lynn, Kids and 
Cops , Chapel Hill, North Carolina: Institute of Government, 
197?, p. 11. 

3. Kobetz, R. and Bosarge, B. Juvenil e Justice AdminiS ' 
tration , Gaithersburg, Maryland: The International Associa- 
tion of Chiefs of Police, 1973, p. 139. 

4. Ibid . , p. 139. 



American Bar Association, Standards Relating to the 
Police Function, New York: Institute on Judicial - Admin- 



5 
Urban P 
istration, 1972, p. 121 



6. American Bar Associaton (IJA/ABA) Standards, Police 
Handling of Juvenile Problems , Cambridge, Massachusetts: 
BallingerTUblishing Company, 1977, p. 7. 



96 



CERTIFICATION AND TRAINING OF JUDGES 

North Carolina does not require any specialized training 
or qualifications for juvenile court judges. There is no 
set term of service and most judges are assigned on a rota- 
tion basis for a relatively short period of time. 

The Task Force To Develop Standards and Goals for Juvenile 
Justice and Delinquency Prevention has taken the position 
that judges should be permanently assigned to the juvenile 
court, subject to removal for unsuitability or reassignment 
on request. The Task Force concluded that this policy will 
provide adequate time for a new judge to develop specialized 
knowledge and expertise as to the availability of community 
services in juvenile and family matters, would encourage only 
those truly interested in the family court to offer their 
services, and would allow juvenile court judges to become 
more effective advocates in the community for developing 
needed services for families and children. 

On the other hand, the IJA/ABA Joint Commission concluded 
that assignments to a family court division should be rotated 
among the judges of the highest court of general jurisdiction 
with each serving no more than 2 years in succession. This 
position, it is argued, would avoid the phenomenon of judges 
who regard the family court as a personal fief and who overly 
personalize the administration of juvenile justice, conforming 
their decisions more to their personal philosophy than to 



97 



objective standards of law. Such a policy would also en- 
courage the infusion into the juvenile justice system of 
fresh insights based on the rotating judges' broad legal 
expertise. 

The National Institute for Juvenile Justice and Delin- 
quency Prevention takes a middle position. It has proposed 
assignments for a two-year term, with the limitation that 
judges in a multi- judge district normally serve no more than 
two consecutive terms unless a specific decision to the 
contrary is made by the presiding judge of the highest court 
of general jurisdiction. (It should be noted that most stan- 
dards also recommend that juvenile court judges be recruited 
from the highest court of general jurisdiction.) The pro- 
posal recognizes that it may take as much as one year for a 
family court judge to become acclimated and fully cognizant 
of all available programs and services in the community. 
Hence, a two year minimum term is recommended. It recognizes 
further that exceptionally competent and interested judges 
should be allowed to serve more than four years in succession 
on the family court bench, but that periodic rotation of 
judges can strengthen all courts and help to avoid the dan- 
gers of both over personalization or routinization of the 
administration of juvenile justice. Accordingly, the proposal 
recommends that the presiding judge should be authorized to 
make exceptions to the normal two- term, tenure for family 
court judges who have demonstrated unusual ability and who 



98 



remain keenly interested in serving on the family court bench. 
The National Institute for Juvenile Justice and Delinquency 
Prevention suggests that the basic qualification for a ju- 
venile court judge is that of completion of a legal education 
and licensing as an attorney. This is already required in 
the vast majority of the states and is recommended by all 
recent standards and model legislation. 

1. The Committee recommends the reestablishment 
of a Courts Commission to consider as one of its 
tasks the combining or merging of judicial districts 
to encompass multi-county districts to be served by 
a judge who is certified in juvenile law and procedure 
and who is compensated consistent with his duties and 
skills . 

North Carolina General Statute § 7A-147 stipulates that "the 
Administrative Office of the Courts may, with the approval of 
the chief district judge, designate one or more judgeships... 
as specialized judgeships." As a result of this legislation, 
the Juvenile Judges Continuing Education Committee was esta- 
blished by the Administrative Office of the Courts to develop 
a proposal for the certification of juvenile court judges. 
In December of 1976, such a proposal was submitted to North 
Carolina district court judges. Juvenile court judges would 
be required to be active members of the North Carolina Bar, to 
have presided during the previous twelve months at one hun- 
dred juvenile hearings or at least thirty-five percent of the 
juvenile hearings in the district and to have completed, during 
the previous twelve months , two approved continuing education 
programs. The programs may both have occurred in-state or one 



99 



may have been out-of-state and one in-state. The Committee 
also proposed re-certification every two years. For re- 
certification, judges would be required to have presided 
during the previous twelve months at one hundred juvenile 
hearings or at least thirty-five percent of the juvenile 
hearings in the district and to have completed two approved 
continuing education programs during the previous twenty- 
four months . The programs may have been attended both in one 
year or one in each of the two years . 

The policy of the State as set out in this statute is 
"to encourage specialization in juvenile cases by district 
court judges who are qualified by training and temperament 
to be effective in relating to youth and in the use of appro- 
priate community resources to meet their needs." This policy 
has not been effected. The Administrative Office of the 
Courts has acted within its discretion and has not designated 
any judgeship as a specialized judgeship; however, the Chief 
Justice of the North Carolina Supreme Court has encouraged 
chief district judges to assign a judge on a regular basis 
to juvenile court. 

2 . The Committee recommends that the 
Administrative Office of the Courts be man- 
dated to develop a plan for certification 
of judges qualified to hear juvenile cases. 

The Juvenile Code Revision Committee recommends that develop- 
ment of a plan of certification be mandatory. Concern was 
expressed at every public hearing that the Juvenile Code 



100 



Revision Committee consider certification of judges and the 
need for judges specially trained in the problems of youth 
as expressed in the philosophy of G.S. §7A-147 was well 
documented. At least one study done in North Carolina by 
Dr. Raymond J. Michalowski and Barbara Kaplan of the Univer- 
sity of North Carolina at Charlotte recommends that a juvenile 
court judge have completed at least a four-year college degree 
with a concentration in the social sciences particularly 
sociology and psychology and have prior experience working 
with children outside the courtroom setting in addition to 
being a member of the Bar. Although such a background would 
obviously be an asset to one fulfilling his responsibilities 
in juvenile court, the Committee did not include such pro- 
visions in its recommendations. 

3. The Juvenile Code Revision Committee 
recommends that the Administrative Office of the 
Courts be responsible for providing for annual 
training for juvenile judges. 

This would not mean that the Administrative Office itself 
would be required to administer the training programs although 
it certainly could. On the other hand, the Administrative 
Office may choose to assist judges in receiving training at 
the numerous excellent workshops and institutes of the National 
Conference of Juvenile Court Judges, the National District 
Attorneys Association, the National Council on Crime and Delin- 
quency, etc. 



101 



GUIDE TO CITATIONS 



The Committee has consulted various model acts and sets of 
court rules, as well as existing and proposed statutes from sev- 
eral states, in preparing this report. Following is a list of 
some of the most commonly used sources which are cited in the 
Commentary in this report. 

HEW Model Acts - Model Acts for Family Courts and State-Local 

Children's Programs , Sheridan, William H. and Beaser, Her- 
bert Wilton, Office of Human Development and Office of 
Youth Development, Department of Health, Education and 
Welfare, U.S. Government Printing Office, Washington, D.C. 
(1975). 

IJA/ABA Standards - Juvenile Justice Standards Project , Insti- 
tute of Judicial Administration/American Bar Association 
Joint Commission on Juvenile Justice Standards, 23 volumes, 
Ballinger Publishing Company, (Tentative Draft, 1977). 

Kids and Cops , Thomas, Mason P. and Hogue, L. Lynn, Institute 
of Government, University of North Carolina at Chapel 
Hill (1974). 

Model Rules for Juvenile Courts , Council of Judges of the Nation- 
al Council on Crime and Delinquency, New York (1969) . 

National Juvenile Law Center Model Code - The Juvenile Court : 
Current Problems, Legislative Proposals, and a Model Act , 
National Juvenile Law Center, St. Louis University School 
of Law (1976) . 

P^eport of the Advisory Committee to the Administrator on Stan - 
dards for the Administration of Juvenile Justice , National 
Institute for Juvenile Justice and Delinquency Prevention , 
U.S. Department of Justice, Law Enforcement Assistance 
Administration (1976) . 

Report of the Task Force on Juvenile Justice and Delinquency 

Prevention , National Advisory Commission on Criminal Jus- 
tice Standards and Goals, Washington, D.C. (1976). 

Rules of Procedure Applicable to Children In the District Court , 
Administrative Office of the Courts, Raleigh (1977) . 

Task Force Report: Juvenile Delinquency and Youth Crime , Presi- 
dent ' s Commission on Law Enforcement and Administration of 
Justice, Washington, D.C. (1967). 



102 






PROPOSED 
NORTH CAROLINA JUVENILE CODE 



A Bill to be entitled an act to provide a unified juvenile 

CODE, 

The General Assembly of North Carolina enacts: 

Section 1. G.S. i 7A-277 through G.S. § 7A-289 and G.S. 
§ 7A-289.7 are repealed and the following new Articles 
are added to Chapter 7A: 

"NORTH CAROLINA JUVENILE CODE, 

"Article 41. 

"Purpose; Definitions, 

§ 7A-506. Purpose . - This Article shall be interpreted 
and construed so as to implement the following purposes and 
policies : 

(1) To divert juvenile offenders from the 
juvenile system through the intake services 
authorized herein so that juveniles may remain 
in their own homes and may be treated through 
community-based services when such an approach 
is consistent with the protection of the public 
safety; 

(2) To provide procedures for the hearing 
of juvenile cases that assure fairness and equity 
and that protect the constitutional rights of 
juveniles and parents; and 



103 



(3) To develop a disposition in each juvenile 
case that reflects consideration of the facts, the 
needs and limitations of the child, the strengths and 
weaknesses of the family, and the protection of the 
public safety. 

COMMENTARY 



A. Summary 

This section sets the tone for 

-> 

the juvenile code and provides guid- 
ance for interpretation of other 
statutes pertaining to Juvenile 
justice. 

It establishes the goal of the 
State in dealing with children to 
divert juvenile offenders so that 
they may remain with their families 
when this approach does not endanger 
the community. At the same time, 
the section asselrts that each ju- 
venile who comes into contact with 
the juvenile justice system is 
guaranteed justice and protection 
consistent with the constitutional 
rights of the juvenile and the ju- 
venile's parents. Finally, the 
section evidences the desire of 
the State to balance its concern 
for children in trouble with the 
authority of the court and the 
duty of the State to maintain 
order and assure the safety of 
its citizens. 



C. Relationship to Existing Law 

The current section of North 
Carolina law which states the 
purpose of the juvenile justice 
system is G.S. § 7A-277. That 
statute is illustrative of the 
doctrine of parens patriae , the 
legal rationale for allowing the 
state to assume a parental role 
toward children whose parents are 
viewed as failures and to estab- 
lish less formal procedures than 
are constitutionally required in 
a criminal proceeding. 

The proposed section retains 
some of the parens patriae aspects, 
while at the same time recognizes 
the child's individual rights as 
a citizen, the growing impact of 
juvenile crime, and the need for 
the protection of the public. 



B, 



Derivation 



This section is based on 
H.E.W. Model Acts for Family 
Courts, Section 1. 



104 



" § 7A-507. Definitions . - Unless the context clearly 
requires otherwise, the following words have the listed meanings: 

(1) Abused Juvenile - Any juvenile less than eighteen years 
of age whose parent or other person responsible for his care: 

(a) Inflicts or allows to be inflicted upon the juve- 
nile a physical injury by other than accidental means which 
causes or creates a substantial risk of death, disfigure- 
ment, impairment of physical health, or loss or impairment 
of function of any bodily organ; or 

(b) Creates or allows to be created a substantial 
risk of physical injury to the juvenile by other than 
accidental means which would be likely to cause death, 
disfigurement, impairment of physical health, or loss or 
impairment of the function of any bodily organ; or 

(c) Commits or allows the commission of any sexual 
act upon a juvenile in violation of law; or 

(d) Creates or allows to be created serious emotional 
damage to the juvenile and refuses to permit, provide for, 
or participate in treatment. Severe emotional damage is 
evidenced by a juvenile's severe anxiety, depression, with- 
drawal or aggressive behavior toward himself or others; or 

(e) Encourages, directs, or approves of delinquent 
acts involving moral turpitude committed by the juvenile. 

(2) Aftercare - The supervision of a juvenile who has been 
returned to the community on conditional release after having 
been committed to the Division of Institutional Services. 



105 



(3) Assistant Director of Community Based Programs - 
The person who is responsible for state level assistance in 
the development, expansion, and evaluation of effective com- 
munity-based programs. 

(4) Assistant Director of Court Services - The person 
who is responsible for the planning, organization, and admin- 
istration of a statewide system of juvenile intake, probation, 
and aftercare services . 

(5) Assistant Director of Institutional Services - The 
person responsible for the supervision of the administration 
of institutional and detention services. 

(6) Caretaker - Any person other than a parent who is 
acting in loco parentis to a juvenile including any blood 
relative; stepparent; foster parent; or house parent, cottage 
parent or other person supervising a juvenile in a child-care 
facility. 

(7) Chief Court Counselor - The person responsible for 
administration and supervision of juvenile intake, probation, 
and aftercare in each judicial district, operating under the 
supervision of the Assistant Director of Court Services. 

(8) Community-Based Program - A program providing non- 
residential or residential treatment to a juvenile in the 
community where his family lives. A community-based program 
may include specialized foster care, family counseling, shel- 
ter care, and other appropriate treatment. 



106 



(9) Court - The District Court Division of the General 
Court of Justice. 

(10) Court Counselor - A person responsible for probation 
and aftercare services to juveniles on probation or on condi- 
tional release from the Division of Institutional Services 
under the supervision of the Chief Court Counselor. 

(11) Custodian - The person or agency that has been awarded 
legal custody of a juvenile by a court. 

(12) Delinquent Juvenile - Any juvenile less than sixteen 
years of age who has committed a criminal offense under State 
law or under an ordinance of local government including viola- 
tion of the motor vehicle laws. 

(13) Dependent Juvenile - A juvenile in need of assistance 
or placement because he has no parent, guardian or custodian 
responsible for his care or supervision or whose parent, guard- 
ian, or custodian is unable to provide for his care or supervision 

(14) Detention - The confinement of a juvenile pursuant 
to an order for secure custody pending an adjudicatory or dis- 
positional hearing or admission to a placement with the Division 
of Institutional Services. 

(15) Detention Home - An authorized facility providing se- 
cure custody for juveniles. 

(16) Holdover Facility - A place in a jail which has been 
approved by the Office of Juvenile Justice as meeting the State 
standards for detention as required in G.S. § 7A-675 providing 
close supervision where the juvenile cannot converse with, see, 
or be seen by the adult population. 

107 



(17) Intake Counselor - A person who screens a petition 
alleging that a juvenile is delinquent or undisciplined to de- 
termine whether the petition should be filed. 

(18) Interstate Compact on Juveniles - An agreement rati- 
fied by 50 states and the District of Columbia providing a 
formal means of returning a juvenile, who is an absconder, 
escapee or runaway, to his home state. 

(19) Judge - The district judge assigned by the Chief 
District Judge to hear juvenile cases. 

(20) Juvenile - Any person who has not reached his eigh- 
teenth birthday and is not married, emancipated, or a member 
of the armed services of the United States. For the purposes 
of subsections (12) and (29) of this section, juvenile is any 
person who has not reached his sixteenth birthday. Wherever 
the term "juvenile" is used with reference to rights and priv- 
ileges, that term shall encompass the attorney for the juve- 
nile as well. 

(21) Neglected Juvenile - A juvenile who does not receive 
proper care, supervision, or discipline from his parent, guard- 
ian, custodian, or caretaker; or who has been abandoned; or 
who is not provided necessary medical care or other remedial 
care recognized under State law, or who lives in an environment 
injurious to his welfare, or who has been placed for care or 
adoption in violation of law. 

(22) Office of Juvenile Justice - The office responsi- 
ble for administration of a statewide and uniform system of 



108 



juvenile justice. The administrative head of the Office is 
the Director, who shall be appointed by the Chief Justice of 
the Supreme Court or an Associate Justice to whom he delegates 
the authority. 

(23) Petitioner - The individual who initiates court ac- 
tion, whether by the filing of a petition or of a motion for 
review alleging the matter for adjudication. 

(24) Probation - The status of a juvenile who has been 
adjudicated delinquent, is subject to specified conditions 
under the supervision of a court counselor, and may be returned 
to the court for violation of those conditions during the 
period of probation. 

(25) Prosecutor - The assistant district attorney assigned 
by the District Attorney to represent the interests of the 
State in juvenile proceedings. 

(26) Protective Supervision - The status of a juvenile who 
has been adjudicated delinquent or undisciplined and is under 
the supervision of a court counselor. 

(27) Regional Detention Home - A state-supported and 
administered regional facility providing detention care. 

(28) Shelter Care - The temporary care of a juvenile in a 
physically unrestricting facility pending court disposition. 

(29) Undisciplined Juvenile - A juvenile less than six- 
teen years of age who is unlawfully absent from school; who 

is regularly disobedient to his parent, guardian, or custodian 
and beyond their disciplinary control; who is regularly found 



109 



in places where it is unlawful for a juvenile to be; or who 
has run away from home. 

The singular includes the plural, the masculine singular 
includes the feminine singular and masculine and feminine 
plural unless otherwise specified. 



110 



"Article 42. Jurisdiction. 

" § 7A-508. Jurisdiction . - The court shall have ex- 
clusive, original jurisdiction over any case involving a juve- 
nile who is alleged to be delinquent, undisciplined, abused, 
neglected, or dependent. For purposes of determining juris- 
diction, the age of the juvenile either at the time of the 
alleged offense or when the conditions causing the juvenile 
to be abused, neglected, or dependent arose, shall govern. 
There shall be_.no minimum age. 

The court shall also have exclusive original jurisdiction 
of the following proceedings: 

(1) Proceedings under the Interstate Compact 
on Juveniles and the Interstate Parole and Probation 
Hearing Procedures for Juveniles ; 

(2) Proceedings to determine whether a juvenile 
who is on conditional release and under the aftercare 
supervision of a court counselor has violated the terms 
of his conditional release established by the Division 
of Institutional Services; 

(3) Proceedings involving judicial consent for 
emergency surgical or medical treatment for a juvenile 
when his parent, guardian, legal custodian, or other 
person standing in loco parentis refuses to consent for 
treatment to be rendered; 



111 



(4) Proceedings to determine whether a juvenile 
should be emancipated; 

(5) Proceedings to terminate parental rights. 

COMMENTARY 



A. Summary 

This section defines the ele- 
ments giving the court authority 
to review a child's situation and, 
if warranted, intervene to protect 
the child or the community. 

The court is the original 
authority for a child alleged to 
be delinquent, undisciplined, 
dependent, neglected, or abused. 
It is also responsible for pro- 
ceedings under the Interstate 
Compact on Juveniles and the 
Interstate Parole and Probation 
Hearing Procedures for Juveniles; 
proceedings for revocation of 
conditional release; proceedings 
for judicial consent to emer- 
gency surgical or medical treat- 
ment when such consent cannot be 
secured; proceedings on a 
petition for emancipation and 
proceedings to terminate parental 
rights. 

The section mandates that 
there be no minimum age for juris- 
dictional purposes and that the 
child's age be determined at the 
time of the alleged offense or 
when the conditions causing the 
child to be neglected, dependent 
or abused arose. 

B. Derivation 

This section is based on 
the Model Code of the National 
Juvenile Law Center. 



C. Relationship to Existing Law 

The current jurisdictional 
statute is G.S. § 7A-279. 

The proposed statute would 
retain jurisdiction for delinquent, 
undisciplined, neglected, dependent, 
and abused children. The proposed 
statute also retains jurisdiction 
identical to G.S. § 7A-279 for pro- 
ceedings under the Interstate Com- 
pact on Juveniles and for hearings 
on revocation of conditional release. 

In addition, the proposed sec- 
tion establishes the authority of 
the court to hear proceedings under 
the Interstate Parole and Probation 
Hearing Procedures for Juveniles, 
proceedings involving judicial 
consent for emergency medical treat- 
ment, proceedings to determine 
emancipation, and proceedings to 
terminate parental rights. 

Finally the statute clarifies 
when jurisdiction of the court 
attaches and makes it clear that 
there is no minimum age for juris- 
diction. 

Jurisdiction is determined 
based on the age of the juvenile 
at the time of the offense. This 
addresses the case where a fifteen 
year old commits several criminal 
offenses just prior to his sixteenth 
birthday. Under this section, juris- 
diction would lie with the juvenile 
court and the loophole that some 
feel now exists would be eliminated. 



112 



See Rules of Procedure Applicable 
to Children in the District Court , 
2nd Ed., p. 53, Footnote 3, Adminis- 
trative Office of the Courts, State 
of North Carolina (1977) and 2nd Opin- 
ion of The Attorney General of North 
Carolina, 8 November 1977, for con- 
flicting interpretations of present 
law. 



Subsection 3 does not con- 
flict with and is intended to 
supplement G.S. § 90-21 (4) to 
provide jurisdiction where court 
authorization is sought for 
emergency treatment and parental 
consent is refused. 



" § 7A-509. Retention of Jurisdiction . - When the court 
obtains jurisdiction over a juvenile, jurisdiction shall con- 
tinue until terminated by order of the court. Any juvenile who 
is under the jurisdiction of the court and commits a criminal 
offense after his sixteenth birthday shall be subject to prose- 
cution as an adult. Any juvenile who is transferred to and 
sentenced by the Superior Court for a felony offense shall be 
subject to prosecution as an adult for all other crimes alleged 
to have been committed by him while he is under the active super- 
vision of the Superior Court. Nothing herein shall be construed 
to divest the court of jurisdiction in abuse, neglect, or de- 
pendency proceedings. 

COMMENTARY 



A. Summary 

This section establishes the 
time period during which the court 
may exercise its authority over a 
child within its jurisdiction. The 
court may retain authority until a 
child reaches the age of eighteen 
or until terminated by the court. 



However, any child sixteen or 
older who commits a criminal 
offense is to be tried as an 
adult. In addition, once a 
juvenile is transferred to Su- 
perior Court for trial as an 
adult, jurisdiction over other 
offenses, whether a felony or 



113 



misdemeanor shall be with the 
criminal court so long as the ju- 
venile is under the active super- 
vision of the Superior Court. 
This would mean that a juvenile 
on probation as a result of trans- 
fer and conviction in Superior 
Court would be tried as an adult 
for any criminal offense including 
ordinance violation and traffic 
offenses allegedly committed 
while the juvenile is on probation. 



B. 



Derivation 



This section is based in part 
on G.S. § 7A-286. 

C. Relationship to Existing Law 

G.S. § 7A-286 contains a pro- 
vision which is substantially the 
same as the proposed section, ex- 



cept that the proposed section 
continues jurisdiction until the 
age of eighteen instead of using 
the G.S. § 7A-286 reference to 
continuing jurisdiction "during 
the minority of the child." 

The Juvenile Code Revision 
Committee considered terminating 
the jurisdiction of the juvenile 
court in all cases following the 
transfer and conviction of a ju- 
venile as an adult in Superior 
Court. Although there was some 
sentiment among the public for 
such a provision, the Committee 
instead suggested somewhat of a 
hybrid approach such that the ju- 
venile would be tried as an adult 
while already being treated as an 
adult. But the Committee did not 
prohibit the juvenile's return to 
juvenile court once supervision of 
the Superior Court has been termi- 
nated. 



114 



"Article '43. 
"Screening of delinquency and undisciplined petitions. 

" § 7A-510. Intake . - The Chief Court Counselor, under 
the direction of the Assistant Director of Court Services, 
shall establish intake services in each judicial district of 
the State for all delinquency and undisciplined cases. 

The purpose of intake services shall be to determine 
from available evidence whether there are reasonable grounds 
to believe the facts alleged are true, to determine whether 
the facts alleged constitute a delinquent or undisciplined 
offense within the jurisdiction of the court, to determine 
whether the facts alleged are sufficiently serious to war- 
rant court action and to obtain assistance from community 
resources when court referral is not necessary. The intake 
counselor shall not engage in field investigations to sub- 
stantiate complaints or to produce supplementary evidence 
but may refer complainants to law enforcement agencies for 
those purposes. 

COMMENTARY 



A. Summary 

This section mandates the 
establishment of intake services 
in each judicial district to 
screen delinquent and undisci- 
plined cases within the juris- 
diction of the court. In 
addition, it sets out the pur- 



pose of intake services and 
includes that the intake func- 
tion is not an investigatory 
service . 



115 



B. Derivation 

Report of the Advisory Com- 
mittee to the Administrator on 
Standards for the Administration 
of Juvenile Justice , U.S. Depart- 
ment of Justice, 1976. 

C. Relationship to Existing Law 

This section mandates intake 
services that are at present sim- 
ply authorized in G.S. § 7A-289.7 



and elaborates upon present 
practice. 

The Committee considered 
mandating that intake screen 
petitions for emancipation but 
concluded that emancipation — 
like a proceeding to terminate 
parental rights — should be re- 
viewed in all cases by the court, 



" § 7A-511. Preliminary Inquiry . - When a complaint is 
received and a petition drawn as authorized in G.S. § 7A-531, the 
intake counselor shall make a preliminary determination as to 
whether the juvenile is within the jurisdiction of the court 
as a delinquent or undisciplined juvenile. If the intake 
counselor finds that the facts contained in the petition do 
not state a case within the jurisdiction of the court, that 
legal sufficiency has not been established, or that the matters 
alleged are frivolous, he shall, without further inquiry, not 
authorize the petition to be filed. 

When requested by the intake counselor, the prosecutor 
shall assist in determining the sufficiency of evidence as 
respects the quantum of proof and the elements of offenses. 

If the intake counselor finds reasonable grounds to 
believe that the juvenile has committed one of the following 
offenses, he shall, without further inquiry, authorize the peti- 
tion to be filed: murder; rape; arson; any violation of Article 
5, Chapter 90 of the North Carolina General Statutes which 
would constitute a felony if committed by an adult; first degree 



116 



burglary; crime against nature where there is no consent; or 
any felony which involves the wilful infliction of serious bodily 
injury upon another or which was committed by use of a deadly 
weapon. 

COMMENTARY 



A. Summary 

This section requires the in- 
take counselor to make a prelimi- 
nary inquiry into each case to 
determine whether the juvenile is 
within the jurisdiction of the 
court, whether the facts alleged 
are legally sufficient, and 
whether the evidence of the com- 
plainant indicates that the 
alleged acts occurred. 

Upon request, the prosecutor 
shall assist the intake counselor 
with legal questions that arise in 
the preliminary inquiry. 

Specific serious felonies 
are set out as requiring the 
attention of the court without 
the possibility of diversion. 

B. Derivation 

See Rules of Procedure Ap- 
plicable to Children in the 
District Court (1977), Rule 2.1. 



Current law gives the in- 
take counselor unlimited dis- 
cretion in diverting cases. In 
designating certain very serious 
felonies as nondiver table, the 
Committee addressed the concern 
that those cases ware of serious 
nature so as to warrant a ju- 
dicial hearing. The nondivert- 
able offenses would include 
armed robbery as a felony com- 
mitted by use of a deadly wea- 
pon and kidnapping in limited 
cases; however, only the most 
serious drug offenses are included, 
Felonious breaking and entering 
is not included as there were 
several instances presented to 
the Committee in which diversion 
would be in the best interest of 
the child and the State. The 
Committee considered both the 
inclusion of all felonies in 
the nondivertable offenses 
and a provision for compulsory 
transfer to Superior Court for 
serious felonies and rejected 
both as too far reaching. 



C. Relationship to Existing Law 

This section expands upon the 
provision that a preliminary inquiry 
be conducted under G.S. § 7A-289.7. 
It incorporates some of the discus- 
sio i in the Rules of Procedure 
Applicable to Children in the Dis- 
trict Court. 



117 



" § 7A-512. Evaluation . - Upon a finding of legal suf- 
ficiency, except in the nondivertable offenses set out in G . S 
§ 7A-511, the intake counselor shall determine whether a 
petition should be filed, the juvenile diverted to a com- 
munity resource, or the case resolved without further action. 
He shall consider criteria which shall be provided by the 
Assistant Director of Court Services in making his decision. 
The intake process shall include the following steps: 

(1) Interviews with the complainant and the victim 
if someone other than the complainant; 

(2) Interviews with the juvenile, his parent, guard- 
ian, or custodian; 

(3) Interviews with persons known to have information 
about the juvenile or family which is pertinent 
to the case. 

Interviews required by this section should be conducted in 
person but may be conducted by telephone if necessary. 

COMMENTARY 



A. Summary 

Once legal sufficiency is es- 
tablished and probable cause as set 
out in G.S. § 7A-511, except in those 
offenses which are nondivertable, the 
intake counselor shall determine 
whether a petition should be filed. 
In making his determination, he must 
consider criteria drawn by the Assis- 
tant Director of Court Services. In 
addition, the intake process must 



include interviews with the juve- 
nile; his parents, guardian, 
or custodian; the complainant 
and victim; and any persons who 
have information relevant to the 
case. 

B. Derivation 

G.S. § 7A-289.4 (6); G.S. 
§ 7A-289.7; Rules of Procedure 



118 



Applicable to Children in the Dis- 
trict Court (1977), Rule 2.1 and 
Comment. 

C. Relationship to Existing Law 

This section requires the 
Assistant Director of Court 
Services to establish substan- 
tive criteria to further insure 
uniformity statewide as is cur- 
rently mandated in juvenile pro- 
bation and aftercare in G.S. § 7A- 
289.4 (6). 

As is observed in the com- 
ment on page twelve of the Rules 
of Procedure Applicable to Child- 
ren in the District Court (1977) , 
the intake counselor is "vested 
with almost unqualified discre- 
tion'' in making his determination 
under G.S. § 7A-289.6. Current 
law simply requires the intake 
counselor to determine "whether 
it is in the best interest of 
the child or the State that a 
juvenile petition be filed." 

This section seeks to de- 
fine the procedure by which he 
makes his determination. The 
Rules of Procedure Applicable 
to Children in the District 
Court on page nine cites the 
fact that "best interest" is 
not defined in G.S. § 7A-289.7 
nor are criteria prescribed 
for making the determination 
as to whether a petition 
should or should not be filed 
with the intake counselor's 
discretionary authority to 
make the determination being 
"qualified only by the intake 
counselor's conception of what 



is in the best interest of the 
child and State." This section 
addresses the weakness cited in 
that comment by mandating the 
establishment of criteria and by 
requiring a minimum number of 
conferences as part of the eval- 
uation process. 

The Committee stressed the 
importance of personal contact with 
as many individuals involved in the 
juvenile's case as possible; how- 
ever, the Committee concluded that 
authorization of telephonic com- 
munication was necessary, realiz- 
ing the difficulties posed by 
such conferences in multi-county 
districts. The statutory use 
of "should" may be offensive to 
some but seemed necessary to ex- 
press the intent of the Commit- 
tee. 

Since it is provided in a 
later section that information 
provided to and obtained by the 
intake counselor is confidential 
and may not be reviewed by the 
court until after adjudication, 
there seemed to be no requirement 
that the intake counselor advise 
the juvenile alleged to be 
delinquent of his right to 
counsel. 



119 



" § 7A-513. Evaluation Decision . - The evaluation of a 
particular complaint shall be completed within fifteen days , 
with an extension for a maximum of fifteen additional days 
at the discretion of the Chief Court Counselor. The intake 
counselor must deciGe within this time period whether or not 
a juvenile petition will be filed. If the intake counselor 
determines that a petition should be filed, he shall endorse 
on it the date and the words "Approved for filing," shall 
sign it beneath such words, and shall transmit it to the 
Clerk of Superior Court. If the intake counselor determines 
that a petition should not be filed, he shall immediately 
notify the complainant in writing with reasons for his de- 
cision and shall include notice of the complainant's right 
to have the decision reviewed by the prosecutor. The intake 
counselor shall then sign his name on the petition beneath 
the words "Not approved for filing." 

Any petition not approved for filing shall be destroyed 
by the intake counselor after holding the petition for a 
temporary period to allow follow up and review as provided 
in § 7A-514 and § 7A-516. 

COMMENTARY 



A. Summary 

This section requires com- 
pletion of the evaluation process 
and the determination as to 



whether a petition should be 
filed in fifteen days except 
when an additional fifteen 



120 



days is permitted by the Chief 
Court Counselor. If the intake 
counselor decides a petition 
should be filed, he shall date it, 
place his signature beneath "Ap- 
proved for filing," and take it 
to the clerk. If he decides a 
petition should not be filed, he 
must explain to the complainant 
why he reached that conclusion. 
Notification shall be in writing 
and shall include notice that 
the complainant may have the 
decision of the intake coun- 
selor reviewed by the pros- 
ecutor. 

The intake counselor must 
retain the petition for suffi- 
cient time to allow for follow 
up or review; however, once that 
time has lapsed and the petition 
has not been filed, it shall be 
destroyed. 

B. Relationship to Existing Law 

G.S. § 7A-289.7 limits the 
conduct of the preliminary in- 
quiry to fifteen days but does 
not require that the decision 
be made immediately. This sec- 
tion clarifies current law to 
require both the evaluation 
and determination within a set 
period of time. The Committee 
considered suggestions that 
the time period provided was 
too long when one considers a 
child's perspective of time; 
however, the Committee con- 
cluded that there may be some 
serious cases which will re- 
quire much consultation before 
determining whether community 
resources may be utilized to 
assist a child. The Com- 
mittee felt that the profes- 



sionalism of the intake counse- 
lor would insure completion of 
the evaluation process as early 
as possible and, in most cases, 
without any extension of time. 
Provisions are expanded to de- 
scribe the procedure to be fol- 
lowed by the intake counselor to 
further insure conformity 
throughout the state. 

G.S. § 7A-289.7 requires 
the intake counselor to notify 
the complainant of his decision 
not to file a petition but does 
not provide, as this section 
does, that he must state reasons 
for his decision. 

Present law provides for 
review by the court whereas 
this section provides for re- 
view by the prosecutor to pre- 
serve the impartiality of the 
court. 

Finally, there is no 
provision in current law for 
destruction of an unfiled pe- 
tition because in many juris- 
dictions, the petition is not 
drawn until after the intake 
counselor's preliminary in- 
quiry is complete. That pro- 
cedure required another trip 
to the courthouse by the com- 
plainant so that the petition 
could be signed and verified. 



121 



" § 7A-514. Referral and Follow-up . - The intake coun- 
selor may refer any case to an appropriate public or private 
resource unless the offense is one wherein a petition is 
required as set out in § 7A-511. After making a referral, 
the intake counselor shall ascertain that the juvenile 
actually contacted or was seen by the resource to which he 
was referred. In the event that the juvenile does not con- 
tact or visit the community resource, the intake counselor 
may reconsider his decision to divert and may file a peti- 
tion within sixty days from the date of the referral. If 
the juvenile contacts or is seen by the resource, the in- 
take counselor shall close the file. 

COMMENTARY 



A. Summary 

This section allows for diver- 
sion by the intake counselor in any 
case except those designated as non- 
divertable in G.S. § 7A-511. It fur- 
ther allows the intake counselor to 
reconsider his decision as to whether 
a petition should be filed within 
sixty days of the date of the re- 
ferral where and only where no 
effort has been made by the ju- 
venile to contact the resource. 
Where contact is made, the file 
must be closed. 

B. Derivation 

IJA/ABA Standards, The Juve- 
nile Probation Function , 2.4; 
President's Commission on Law 



Enforcement and Administration 
of Justice, Task Force Report: 
Juvenile Delinquency and Youth 
Crime (1967) ; National Advisory 
Commission on Criminal Justice 
Standards and Goals, "Correc- 
tions" (1973); and Kelly, 
Schulman and Lynch, "Decentral- 
ized Intake and Diversion," 27 
Juvenile Justice (1976) . 

C. Relationship to Existing Law 

Although some intake coun- 
selors follow diverted cases to 
assist in future referrals, this 
is not the case statewide. This 
is a new section. 

The provisions set out do 
not contemplate continued 



122 



counseling or judgment as to 
whether the juvenile is bene- 
fiting from the service but 
only ascertainment as to 
whether contact was made. If 
contact was not made, the 
filing of a petition is not 
mandatory but is permissible. 
Certainly it is hoped that 
the intake counselor would 
seek to divert to additional 
community resources if di- 
version would be in the best 
interest of the juvenile. 

A child's concept of 
time differs greatly from 



an adult's. What seems a 
brief span of time to an adult 
seems an eternity to a child. 
Because of this difference, 
presentees suggested that 30 days 
would be a long enough period to 
have a case pending; however the 
Committee observed that in some 
counties such a period is neces- 
sary to get even the initial 
appointment with Mental Health 
or another local resource. 



" § 7A-515. Request for Review . - The complainant shall 
have five calendar days from receipt of the intake counselor's 
decision not to approve the filing of a petition to request 
review by the prosecutor. The intake counselor shall notify 
the prosecutor immediately of such request and shall transmit 
to the prosecutor a copy of the petition. The prosecutor shall 
notify the complainant and the intake counselor of the time 
and place for the review. 

COMMENTARY 



A. Summary 

This section limits the 
time in which the complainant 
may seek review of the intake 
counselor's decision such that 
the complaint may not be held 
indefinitely over the juve- 
nile. Procedure is specified 
such that the complainant will 



notify the intake counselor of his 
desire for review; the prose- 
cutor will have the responsi- 
bility of notifying the intake 
counselor and the complainant 
of the time and place of the 
review. 



123 



B. Derivation 

Report of the Advisory Com- 
mittee to the Administrator on 
Standards for the Administration 
of Juvenile Justice , U.S. Depart- 
ment of Justice, September 30, 1976 

C. Relationship to Existing Law 

G.S. § 7A-289.7 provides no 



statutory guidelines as to 
notice, time or place for con- 
duct of the judicial review. 
This section establishes guide- 
lines for review by the 
prosecutor. 



" § 7A-516. Review of Determination that a Petition 
Should Not Be Filed . - The prosecutor shall review the intake 
counselor's determination that a juvenile petition should not 
be filed no later than twenty days after the complainant is 
notified. Review shall include conferences with the com- 
plainant and the intake counselor. At the conclusion of the 
review, the prosecutor may either affirm the decision of the 
intake counselor or may direct the filing of a petition. 

COMMENTARY 



A. Summary 

This section sets the proce- 
dure for review of the intake coun- 
selor's decision that a petition 
should not be filed. 

B. Derivation 

Rules of Procedure Applicable 
to Children in D istrict Court . 
Raleigh, North Carolina: Admin- 
istrative Office of the Courts 
(1977) page 13; IJA-ABA Standards, 
The Juvenile Probation Function , 
2.16. 



C. Relationship to Existing Law 

G.S. § 7A-289.7 sets out no 
procedures as to the conduct of 
a review and makes no mention of 
action that may be taken by the 
court upon review. Current law 
provides for judicial review of 
the intake counselor's decision. 
This section would change that 
provision to allow for review by 
the prosecutor. Review by the 
prosecutor would remove the judge 
from this preliminary proceeding 
so as not to prejudice the court 
as a trier of facts. 



124 



"Article W, 
"Screening of Abuse, neglect, and dependency complaints. 

" § 7A-517. Protective Services . - The Director of the 
Department of Social Services in each county of the state shall 
establish protective services for juveniles alleged to be 
abused, neglected, or dependent. 

Protective services shall include the investigation and 
screening of complaints, casework or other counseling services 
to parents or other caretakers as provided by the director 
to help the parents or other caretakers and the court to prevent 
abuse, neglect, or dependency, to improve the quality of child 
care, to be more adequate parents or caretakers, and to preserve 
and stabilize family life. 

COMMENTARY 



A. Summary 

Protective services shall be 
established in each county by the 
Director of the Department of Social 
Services. The Chapter 110 defini- 
tion of "protective services" is 
expanded in the second paragraph 
which describes the responsibili- 
ties of protective services workers. 
In addition, this section reflects 
the clear separation of neglect and 
abuse that is set out in the defi- 
nitions. 



B. Derivation 

This section is based on 
G.S. § 110-117 (6) and on IJA/ 
ABA Standards, Abuse and Neglect , 
Standard 3.1. 

C. Relationship to Existing Law 

This section and indeed this 
entire article expands the au- 
thority of the protective ser- 
vices section of the county 



125 



Department of Social Services 
to include cases where the 
child is alleged to be de- 
pendent as well as neglected 
or abused. 

The concern of the Com- 
mittee that the juvenile re- 



ceive needed services and that the 
family be treated as a unit is evi- 
denced in the s econd paragraph. 
Provisions allowing jurisdiction 
over parents later on in this Act 
further reflect that concern. 



" § 7A-518. Du^-y to Report Child Abuse, Neglect, or 
Dependence . - Any person who has cause to suspect that any 
juvenile is abused, neglected, or dependent shall report the 
case of that juvenile to the Director of the Department of 
Social Services in the county where the juvenile resides or 
is found. The report may be made orally, by telephone, or in 
writing. The report shall include information as is known to 
the person making it including the name and address of the 
juvenile; the name and address of the juvenile's parent, guar- 
dian, or caretaker; the age of the juvenile; the present where- 
abouts of the juvenile if not at the home address; the nature 
and extent of any injury or condition resulting from abuse, 
neglect, or dependence; and any other information which the per- 
son making the report believes might be helpful in establishing 
the need for protective services or court intervention. If the 
report is made orally or by telephone, the person making the re- 
port shall give his name, address, and telephone number. 

In the case of any report of abuse, the Director of the 
Department of Social Services shall notify the appropriate local 
law enforcement agency immediately upon receipt of such report. 



126 



COMMENTARY 



A. Summary 



B. Derivation 



Any person who has cause to 
suspect that a child is abused, 
neglected, or dependent must 
report the case to the Department 
of Social Services in the county 
where the child lives or is found, 

A report of child abuse, 
neglect, or dependence may be 
made orally, by telephone, or in 
writing. It shall contain as 
much information as the person 
can furnish including the name 
and address of the child; the 
name and address of the child's 
parent or other caretakers; 
the age of the child; the pre- 
sent whereabouts of the child; 
the facts surrounding any 
injury or condition resulting 
from abuse, neglect, or depen- 
dence; and any other informa- 
tion which might be useful in 
determining the cause of the 
injuries or condition. The 
local law enforcement agency 
must be contacted immediately 
in any case of alleged abuse. 



This section is based on 
G.S. § 110-118 (a) (b) (c). 

C. Relationship to Existing Law 

The proposed section would 
expand the area of possible reports 
to include dependent, as well as 
neglected or abused children. In 
addition, the responsibility of all 
persons to report suspicions of 
dependency, abuse, or neglect is 
an expansion of the present require- 
ments that a professional person 
report suspected abuse and that 
other persons with knowledge 
report cases of abuse. The sec- 
tion also establishes a mechanism 
for notifying law enforcement per- 
sonnel who may gather evidence 
while it is still fresh, both to 
assist social services in the 
child's behalf and to assist the 
district attorney's office in 
determining if criminal charges 
should be brought against any 
adul ts involved . 



127 



" § 7A-519. Investigation by Director; Notification of 
Complainant . - When a report of abuse, neglect, or dependence 
is received, the Director of the Department of Social Services 
shall make a prompt and thorough investigation in order to as- 
certain the facts of the case, the extent of the abuse, neglect, 
or dependency, and the risk of harm to the juvenile in order to 
determine whether protective services should be provided or a 
petition filed. The investigation and evaluation shall include 
a visit to the place where the juvenile resides. 

If the investigation reveals abuse, neglect, or dependence, 
the Director shall decide whether immediate removal of the juve- 
nile or any other juveniles in the home is necessary for their 
protection. If immediate removal does not seem necessary, the 
Director shall immediately provide or arrange for protective 
services . If the parents or other caretakers refuse to accept 
the protective services provided or arranged by the Director, 
the Director shall sign a petition to invoke the jurisdiction of 
the court for the protection of the juvenile or juveniles. 

If immediate removal seems necessary for the protection of 
the juvenile or other juveniles in the home, the Director shall 
sign a petition which alleges the applicable facts to invoke the 
jurisdiction of the court. Where the investigation shows that 
it is warranted, a protective services worker may assume temporary 
custody of the juvenile for the juvenile's protection pursuant to 
Article 46 of this Act. 



128 



In performing any of these duties, the Director may 
utilize the staff of the county Department of Social Services 
or any other public or private community agencies that may be 
available. The Director may also consult with the available 
state or local law-enforcement officers who shall assist in 
the investigation and evaluation of the seriousness of any 
report of abuse, neglect, or dependence when requested by 
the Director. 

No later than five days after receipt of the complaint, 
the Director shall notify the complainant in writing if a 
petition has not been filed. The notification shall specify 
action undertaken or contemplated by the department to protect 
the welfare of the juvenile, shall state reasons for the 
decision not to file a petition, and shall include notice of 
the complainant's right to have the decision reviewed by the 
prosecutor. 

COMMENTARY 



A. Summary 

Social services upon re- 
ceiving a report of child abuse, 
neglect, or dependency shall make 
a prompt and thorough investigation 
to ascertain the facts and de- 
termine whether or not protective 
services should be provided and 
whether a petition should be filed. 
The investigation must include a 
visit to the child's residence. 
If the investigation shows the 
chixd to be in danger, social ser- 



vices is given the authority to 
assume temporary custody by com- 
pliance with Article 46 of this 
Act. 

If social services has not 
filed a petition, they must no- 
tify the person making the com- 
plaint of that decision in 
writing within five days of the 
time the complaint was made. 
The notice must describe action 



129 



taken, state reasons for not 
filing a petition, and include 
notice of the complainant's 
right of review. 

B. Derivation 



G.S 



This section is based on 
§ 110-119. 



C. Relationship to Existing Law 

Present G.S. § 110-119 (1) 
requires that anyone reporting 
abuse or neglect be notified 
within two days of the action 
of social services. The pro- 
posed section draws on G.S. 
§ 7A-289 (3), which requires 
an intake worker to notify a 
complainant only if a petition 
is not filed in delinquency and 
undisciplined complaints and 
provides a means for review. The 
proposed section would require 
notice to the complainant only if 
a petition is not filed. 
Notice must be within five days 
of the receipt of the report and 
must be made by mail. Notice 



must include some justification 
for the decision and must clear- 
ly inform the complainant of his 
right to appeal the decision to 
the district attorney's office. 

Again, the notification re- 
quirement and the right of review 
reflect the Committee's concern as 
to service delivery. This is some- 
thing that is being done with ease 
by intake counselors in delinquency 
and undisciplined complaints. The 
provision responds to concerns 
voiced to the Committee that even 
when a county Department of Social 
Services failed to respond after a 
child was reported to be abused two 
or more times, there seemed to be 
no recourse. 

The section also requires a 
visit to the child's residence as 
part of the investigation. Fur- 
ther, it allows, by virtue of 
another legislative proposal of 
the Committee, the protective 
services worker to assume im- 
mediate custody of a child in 
danger on a temporary basis with- 
out a court order. 



130 



" § 7A-520. Evaluation for Court . - In all cases in 
which a petition is filed, the Director of the Department of 
Social Services shall prepare a report for the court containing 
a home placement plan and a treatment plan deemed by the Direc- 
tor to be appropriate to the needs of the juvenile. The report 
shall be available to the judge immediately following the adjudi- 
catory hearing. 

COMMENTARY 



A. Summary 

This section provides that the 
county Department of Social Services 
is responsible for providing a home 
study to the court in all cases of 
abuse, neglect, and dependency. 
Obviously this would include 
cases that have been reviewed 
and approved by the prosecutor. 

This section does not pre- 
clude the department recommend- 
ing that a child remain within 
his home but requires that 
reasons for that recommenda- 
tion be stated. It further re- 
quires that the report be 
prepared and presented at the 
dispositional hearing. 



B. Derivation 

G.S. § 7A-285. 

C. Relationship to Existing Law 

The proposed section pro- 
vides that the report that is 
currently ordered by the court 
would be automatically pre- 
pared by the county Department 
of Social Services. 

This addresses the concern 
expressed by presentees to the 
Committee as to the delay be- 
tween adjudication and disposi- 
tion for social services to 
prepare such a report. This 
mandates completion prior to the 
adjudicatory hearing for presenta- 
tion at the dispositional hearing, 



131 



" § 7A-521. Request for Review . - The complainant shall 
have five calendar days from receipt of the decision of the Di- 
rector of the Department of Social Services not to petition the 
court to notify the Director that he is requesting review by 
the prosecutor. The Director shall notify the prosecutor im- 
mediately of the request and shall transmit to the prosecutor 
a copy of the investigation report. The prosecutor shall notify 
the complainant and the Director of the time and place for the 
review. 

COMMENTARY 



A. Summary 

Once the complainant has been 
notified of a decision not to file 
a petition, he has five days to 
notify social services if he 
wishes to request a review of the 
case by the district attorney's 
office. If the complainant does 
,request that the decision be re- 
viewed, social services shall 
notify the prosecutor and send 
a copy of the investigation 
report to assist the prosecutor 
in his review. 

B. Derivation 

This section is an exten- 
sion of IJA/ABA Standards, In- 
take and Predisposition Investi- 
gative Services , 2.16. 



C. Relationship to Existing Law 

There is currently no 
statutory provision concerning 
review of the decision of social 
services not to file a petition 
in the case of a report of child 
abuse or neglect. This provision, 
based on model code recommenda- 
tions, is designed to address the 
Committee's concern that any 
child who needs services be given 
access to those services and to 
seek to reduce decisions that may 
be based on placements available. 
It parallels the system of review 
of intake decisions in delinquent 
and undisciplined cases. 



132 



§ 7A-522. Review by the Prosecutor . - The prosecutor 
shall review the Director's determination that a petition 
should not be filed within twenty days after the complainant 
is notified. The review shall include conferences with the 
complainant, the protective services worker, the juvenile, and 
other persons known to have pertinent information about the 
juvenile or his family. At the conclusion of the conferences, 
the prosecutor may affirm the decision made by the Director or 
may authorize the filing of a petition. 

COMMENTARY 



A. Summary 

If a complainant requests review 
of a decision not to file a petition, 
the prosecutor must act within 20 
days of the time the complainant was 
notified. Review by the prosecutor 
shall include interviews with the 
complainant, the child, the pro- 
tective services worker involved, 
and any other persons who have 
information about the case. After 
his investigation, the prosecutor 
may support the decision of social 
services or overrule it and au- 
thorize the filing of a petition. 
In the latter case where filing is 
authorized, the complainant would 
be sworn by the clerk with re- 
ference to the allegations. 



B. Derivation 

This section is an extension 
of IJA/ABA Standards, Intake and 
Predisposition Investigative Ser- 
vices , 2. 16. 

C. Relationship to Existing Law 

There is no provision in 
current North Carolina statutes 
allowing an appeal to the pro- 
secutor from a decision of social 
services. 



133 



" § 7A-523. Duty of County Department of Socia l Services 
to Report Evidence of Abuse . - If the Director finds evidence 
that a juvenile has been abused as defined by statute, he 
shall immediately make a written report of his findings to 
the prosecutor who shall determine whether criminal prosecu- 
tion is appropriate and who may request the Director to sign 
the appropriate criminal warrant. The Director of the Depart- 
ment of Social Services shall submit a report of alleged 
abuse or neglect to the central registry under the policies 
adopted by the Social Services Commission. 

COMMENTARY 



A. Summary 

If the director discovers 
evidence of child abuse, he must 
immediately report in writing to 
the prosecutor who shall de- 
termine if criminal prosecution 
is warranted. The prosecutor 
may request the Director of the 
Department of Social Services 
to sign a criminal warrant if 
necessary. The director shall 
also submit a report to the 
central registry in cases of abuse 



and neglect under policies set 

by the Social Services Commission, 

B. Derivation 

This section is taken from 
G.S. § 110-119 (3) and (4). 

C. Relationship to Existing Law 

This section makes no change 
in current law. 



134 



" § 7A-524. Authority of Medical Professionals in Abuse 
Cases . - Any physician or administrator of a hospital, clinic, 
or other similar medical facility to which an abused juvenile 
is brought for medical diagnosis or treatment shall have the 
right to retain physical custody of the juvenile when the phy- 
sician who examines the juvenile certifies in writing that the 
juvenile should remain for medical reasons or that in his opin- 
ion it may be unsafe for the juvenile to return to his parent, 
guardian, or caretaker. In such case, the physician or adminis- 
trator shall notify the parent, guardian, or caretaker and the 
Director of the Department of Social Services of the county 
where the juvenile resides. If the parent, guardian, or care- 
taker contest this action, the Director shall request a hearing 
before the Chief District Court Judge or the judge designated by 
him within the judicial district wherein the juvenile resides 
or where the hospital or institution is located for determination 
of whether the juvenile shall be returned to his parent, guardian, 
or caretaker. Pending the hearing, the hospital, clinic, or other 
similar medical facility may retain temporary physical custody of 
the juvenile. The hospital, clinic, or medical facility: 

(1) Shall request the Director of the Department 
of Social Services in the county where the juvenile 
resides to petition the court in the district where 
the juvenile resides to award physical custody of 
the juvenile to the Director for placement with a 
relative or in a foster home under the supervision 
of the Department of Social Services; or 



135 



(2) Shall request the Director of the Department 
of Social Services in the county where the hospital or 
other medical facility is located to petition the 
court in the district where the hospital or other 
medical facility is located to award physical custody 
of the juvenile to the Director for placement with a 
relative or in a foster home under the supervision of 
the Department of Social Services. 
Upon receipt of a request pursuant to subsections (1) or 
(2) , the Director of the Department of Social Services shall 
authorize the filing of such petition without delay. 



COMMENTARY 



A. Summary 

Any physician or administrator of 
a medical facility which receives a 
child who has been abused for medical 
diagnosis or treatment shall have the 
right to retain temporary custody of 
the child if the physician who ex- 
amines the child certifies in writing 
he needs medical attention or that it 
may be unsafe to return custody to 
the child's parent or caretakers. If 
the physician or administrator decides 
to retain custody, he must notify the 
child's parent or caretaker and the 
Director of the county Department of 
Social Services. If the parent wants 
to protest this action, he may request 
a hearing on the matter in court 
either where the child resides or 
where the medical facility is located. 
Pending a hearing, the medical facil- 
ity may retain physical custody of 
the child. However, if the facility 



does retain custody, it must request 
that the Director of the Department 
of Social Services, in either the 
district where the child resides 
or where the medical facility is 
located, petition the court to award 
custody to the director for place- 
ment with a relative or in a foster 
home under the supervision of the 
county Department of Social Services. 
If the director receives such a 
request, he must authorize the filing 
of such a petition without delay. 

B. Derivation 

This section is taken from G.S. 
§ 110-118 (d). 

C. Relationship to Existing Law 

This section makes no change in 
current law. 



136 



§ 7A-525. Immunity of Persons Reporting . - Anyone 
who makes a report pursuant to this Article, testifies in 
any judicial proceeding resulting from the report, or other- 
wise participates in the program authorized by this Article, 
shall be immune from any civil or criminal liability that 
might otherwise be incurred or imposed for such action un- 
less such person acted in bad faith or with malicious pur- 
pose . 

COMMENTARY 



A. Summary 

Anyone who makes a report of 
abuse, neglect, or dependency pur- 
suant to this Article, who testi- 
fies in any judicial proceeding 
resulting from a report, or who 
participates in the program au- 
thorized by this Article shall 
be immune to any civil or crim- 
inal liability resulting from 
such report or testimony unless 
the report or testimony was made 
in bad faith or with malicious 
intent . 



B. Derivation 

This section is taken from 
G.S. § 110-118 (c) and § 110-120. 

C. Relationship to Existing Law 

This section does not change 
current law. 



137 



" § 7A-526. Waiver of Privileges . - Neither the physi- 
cian-patient privilege nor the husband-wife privilege shall 
be grounds for excluding evidence of abuse or neglect in 
any judicial proceeding (civil, criminal, or juvenile) in 
which a juvenile's abuse or neglect is in issue nor in any 
judicial proceeding resulting from a report submitted under 
this Article, both as said privileges relate to the compe- 
tency of the witness and to the exclusion of confidential 
communications . 

COMMENTARY 



A. Summary 

Neither the physician-patient 
privilege nor the husband-wife 
privilege may be invoked for the 
exclusion of evidence in any pro- 
ceeding in which abuse or neglect 
of a child is in issue or in any 
judicial proceeding resulting 
from a report under this Article. 
This is true with respect to 
both the competency of a wit- 
ness and the exclusion of con- 
fidential communications. 



B. Derivation 

This section is taken from 
G.S. § 110-121. 

C. Relationship to Existing Law 

This section makes no change 
in current law. 



138 



§ 7A-527. Central Registry . - The Department of Human 
Resources shall maintain a central registry of abuse and 
neglect cases reported under this Article in order to com- 
pile data for appropriate study of the extent of abuse and 
neglect within the State and to identify repeated abuses of 
the same juvenile or of other juveniles in the same family. 
This data shall be furnished by county directors of social 
services to the Department of Human Resources and shall be 
confidential, subject to policies adopted by the Social 
Services Commission which provide for its appropriate use 
for study and research. Data shall not be used at any hear- 
ing or court proceeding unless based upon a final judgement 
of a court of law. 

COMMENTARY 



A. Summary 

The Department of Human Re- 
sources shall maintain a central 
registry of abuse and neglect 
cases reported under this article 
to provide data for study and 
evaluation purposes and to iden- 
tify repeated instances of abuse 
involving the same child or the 
same family. County directors 
of social services shall furnish 
this information to the Depart- 
ment of Human Resources. This 
information shall be confidential, 
subject to rules and regulations 
of the Social Services Commis- 
sio , but in no event can such 



data be used at any judicial 
proceeding unless based on a 
final judgment of a court of law. 

B. Derivation 

This section is taken from 
G.S. § 110-122. 

C. Relationship to Existing Law 

This section makes no change 
in current law. 



139 



"Article 45. Venue; Petition; Summons. 

" § 7A-528. Venue. - (1) A proceeding in which a ju- 
venile is alleged to be delinquent or undisciplined shall be 
commenced and adjudicated in the district in which the offense 
is alleged to have occurred. 

When a proceeding in which a juvenile is alleged to be 
delinquent or undisciplined is commenced in a district other 
than that of the juvenile's residence, the judge shall pro- 
ceed to adjudication in that district. After adjudication, 
these procedures shall be available to the court: 

(a) The judge may transfer the proceeding to the court 
in the district where the juvenile resides for 
disposition. 

(b) Where the proceeding is not transferred under 
subsection (a) , the judge shall immediately notify 
the Chief District Judge in the district in which 
the juvenile resides. If the Chief District Judge 
requests a transfer within five days after receipt 
of notification, the judge shall transfer the pro- 
ceeding . 

(c) Where the proceeding is not transferred under (a) 

or (b) , the judge, upon motion of the juvenile, shall 
transfer the proceeding to the court in the district 
where the juvenile resides for disposition. The 
judge shall advise the juvenile of the juvenile's 
right to transfer under this section. 

140 



(2) A proceeding in which a juvenile is alleged to be 
abused, neglected, or dependent may be commenced in the dis- 
trict in which the juvenile resides or is present. When a 
proceeding is commenced in a district other than that of the 
juvenile's residence, the judge, in his discretion or upon 
motion of the juvenile, may transfer the proceeding to the 
court in the district where the juvenile resides. A transfer 
under this subsection may be made at any time. 

COMMENTARY 



A. Summary 

This section mandates that any 
delinquency or undisciplined proceed- 
ing shall be initiated and proceed 
through adjudication in the district 
in which the offense is alleged to 
have occurred. This will allow the 
court economical and convenient 
access to witnesses, law enforce- 
ment officers, and the physical cir- 
cumstances in which the alleged 
offense took place. 

However, after adjudication, 
since the juvenile may have previous 
contacts with the court in the dis- 
trict of his residence, there are 
provisions allowing transfer of a 
juvenile from another district to his 
home district in order to develop a 
disposition which truly reflects the 
juvenile's situation and needs. The 
case may be transferred for disposi- 
tion on the motion of the court which 
presided over the adjudicatory hear- 
ing and it must be transferred upon 
the motion of the juvenile or the 
c >urt in the district of residence. 

An abuse, neglect, or depen- 
dency proceeding may be initiated 



either in the district where 
the child resides or where the 
child is found. If the action 
begins in a district other 
than that of the juvenile's 
residence, the case may be 
transferred at any stage of 
the proceeding on motion of 
the child or the court to the 
district in which the juvenile 
resides. 

B. Derivation 

The National Juvenile Law 
Center Model Code , Section 5; 
Remarks of Judge Grafton Beaman 
and District Attorney Thomas S. 
Watts. 

C. Relationship to Existing Law 

There is not a current North 
Carolina statute dealing specifi- 
cally with venue, although G.S. 
§ 7A-279 mentions jurisdiction 
"over any case involving a child 
who resides in or is found in 
the district." 

The proposed section clar- 
ifies where a particular case 
should be initiated and 






141 



establishes a flexible proce- 
dure for transfer if the cir- 
cumstances indicate that such 
an action would result in a 
more appropriate disposition, 
addition, the section provides 
for district venue rather than 



In 



county venue. This should alle- 
viate difficulties in complying 
with deadlines in multi-county 
districts and was proposed by a 
judge and district attorney in 
such a district. 



" § 7A-529. Pleading and Process . - The pleading in a 
juvenile action is the petition. The process in a juvenile 
action is the summons. 



COMMENTARY 



A. Summary 

Pleading and process in a 
juvenile action shall be accomp- 
lished by a petition and a summons 
respectively. 

B. Derivation. 

This section is based on 
G:s. § 15A-301 and § 15A-921. 



C. Relationship to Existing Law 
This is a new section. 









142 



§ 7A-530. Petition . - The petition shall contain the 
name, date of birth, address of the juvenile, the name and 
last known address of his parent, guardian, or custodian and 
shall allege the facts which invoke jurisdiction over the 
juvenile . 

A petition in which delinquency is alleged shall contain 
a plain and concise statement, without allegations of an evi- 
dentiary nature, asserting facts supporting every element of 
a criminal offense and the juvenile's commission thereof with 
sufficient precision clearly to apprise the juvenile of the 
conduct which is the subject of the accusation. 

Sufficient copies of the petition shall be prepared so 
that copies will be available for each juvenile, for each par- 
ent if living separate and apart, for the court counselor or 
social worker, and for any person determined by the court to 
be a necessary party. 

COMMENTARY 



A. Summary 

This section outlines the 
brmation which must be included 
in a juvenile petition. The peti- 
tion must contain the child's name, 
date c. r birth, and address as well 
as the name and last known address 
of the child's parents. In addi- 
tion, it must contain factual alle- 
gations which invoke the juvenile 
iction of the court. 



Juveniles residing in the same 
household may not be included in 
the same abuse, neglect, or de- 
pendency petition. 

In a delinquency petition, 
the allegations must contain a 
precise statement of facts sup- 
porting every element of a crimi- 
nal offense and the juvenile's 
involvement in such offense so 
that the juvenile fully understands 
the allegations against him. 



Finally, the section requires 
sufficient copies of the petition 
to make them available to all nec- 
essary parties to the action. 

B. Derivation. 

This section is based on G.S. 
§ 7A-281 and G.S. § 15A-924 (5). 
See also Rule 3 and Comment, Rules 
of Procedure Applicable to Children 
in the District Court (1977). 

C. Relationship to Existing Law 

The present North Carolina 
statute concerning the petition 
is G.S. § 7A-281, which requires 
basically the same information 
as the proposed section. One 
minor change is the requirement 
of date of birth rather than 
age. 



The second paragraph is 
similar to G.S. § 15A-924 (5), 
and is limited to the delinquent 
case as it is patterned after 
criminal procedure. 

The section also assures 
that all necessary parties to 
the action have access to the 
factual information contained 
in the petition. 

A change from current law 
is that consolidation of juve- 
niles in abuse, neglect, or de- 
pendency cases in one petition is 
no longer allowed. 



144 



" § 7A-531. Receipt of Complaints; Filing of Petition . - 

(1) All complaints concerning a juvenile alleged to be 
delinquent or undisciplined shall be received by the Clerk of 
Superior Court, shall be drawn as a petition, shall be signed 
by the complainant and verified before the Clerk, and shall 
then be referred to the intake counselor for screening. There- 
after, the Clerk shall accept and file, recording the date of 
filing, the petition when it is endorsed "Approved for Filing" 
and signed by the intake counselor. 

(2) All complaints concerning a juvenile alleged to be 
abused, neglected, or dependent shall be referred to the Direc- 
tor of the Department of Social Services for screening. There- 
after, if it is determined by the Director that a petition 
should be filed, the petition shall be drawn by the Clerk of 
Superior Court, signed by the Director, verified before the 
Clerk and filed by the Clerk, recording the date of filing. 

(3) The Clerk shall also draw, verify, file, and index 
petitions authorized for filing by the prosecutor following a 
review by the prosecutor of a screening decision. 

COMMENTARY 



A. Summary 

All complaints alleging a juve- 
nile to be delinquent or undisciplined 
shall be received by the Clerk of 
Superior Court, drawn as a petition, 



signed by the complainant, 
verified by the Clerk, and 
referred to the intake counse- 
lor for screening. The peti- 
tion shall be filed if returned 
with the intake counselor's 



145 



endorsement. 



B. Derivation 



All complaints involving 
abuse, neglect, or dependence 
shall be referred to the county 
Department of Social Services. 
At the request of the Director 
of the Department of Social 
Services, the Clerk shall draw 
a petition, shall have the direc- 
tor sign it, and shall verify and 
file the petition. 



This section is based on 
G.S. § 7A-281 and G.S. § 7A-289.7 

C. Relationship to Existing Law 

Subsection (1) of the pro- 
posed section is based on cur- 
rent screening procedures autho- 
rized by G.S. § 7A-281 and § 7A- 
289.7. 



The Clerk shall also draw, 
verify, and file petitions auth- 
orized by the prosecutor as a 
result of the prosecutor's review 
of an intake or social services 
screening decision. 



Subsection (2) is designed 
to establish a similar procedure 
whereby the county Department of 
Social Services screens all com- 
plaints alleging abuse, neglect, 
or dependence. The two subsec- 
tions together assure that no 
complaint will come before the 
court without prior consideration 
as to the need for court inter- 
vention. 



Subsection (3) is a new 
section authorizing a petition 
based on the review process es- 
tablished by Articles 43 and 44. 



146 



§ 7A-532. Immediate Need for Petition When Clerk's 
Office is Closed . - (1) All complaints which may arise when 
the office of the Clerk of Superior Court is closed shall be 
referred to the intake counselor or the Director of Social 
Services according to the nature of the complaint. 

(2) When the office of the Clerk of Superior Court is 
closed, a magistrate may be authorized by the Chief District 
Judge to draw, verify, and issue petitions as follows: 

(a) When an intake counselor requests a petition 
alleging a juvenile to be delinquent or undis- 
ciplined, or 

(b) When the Director of the Department of Social 
Services requests a petition alleging a juve- 
nile to be abused, neglected, or dependent. 

(3) The authority of the magistrate under subsection (2) 
shall be limited to emergency situations when a petition is 
required in order to obtain a secure or nonsecure custody order 
Any petition issued under this section shall be delivered to 
the Clerk's office for processing as soon as that office is 
ODen for business. 

COMMENTARY 



A. Summary 

When the office of the Clerk 
of Superior Court is closed, the 
C ief District Court Judge may 
authorize a magistrate to draw 
and verify a petition at the 



request of the intake counselor 
or Director of the Department 
of Social Services. This author- 
ity is limited to emergency sit- 
uations. A petition issued in 
this manner must be processed by 
the clerk's office on the next 
business day. 



147 



Any complaints received in 
the magistrate's office must be 
referred to intake or the Depart- 
ment of Social Services for pre- 
liminary screening. 



B. 



Derivation 



This section is based on 
North Carolina G.S. § 7A-281. 



C. Relationship to Existing Law 

The proposed section estab- 
lishes emergency filing procedures 
for all situations involving the 
jurisdiction of the juvenile court 
similar to those currently author- 
ized in G.S. § 7A-281. 



" i 7A-533. Commencement of Action . - An action is com- 
menced by the filing of a petition in the Clerk's office \-7hen 
that office is open or by the issuance of a juvenile petition 
by a magistrate when the Clerk's office is closed, which issu- 
ance shall constitute filing. 

COMMENTARY 



A. Summary 

The juvenile action is com- 
menced when a petition is filed 
in the Clerk's office or issued 
by a magistrate in an emergency 
situation. 

B. Derivation 

See Rules of Procedure Appli- 
cable to Children in the District 
Court (1977), Rule 3.1. 



C. Relationship to Existing Law 

This is a new section which 
clarifies the point at which a ju- 
venile action is commenced. 



148 



§ 7A-534. Issuance of Summons . - After a petition has 
been filed, the Clerk of Superior Court shall issue a summons 
to the juvenile, to the parent, and to the guardian, custodian, 
or caretaker requiring them to appear for a hearing at the time 
and place stated in the summons. A copy of the petition shall 
be attached to each summons. The summons shall advise the 
parent that upon service, jurisdiction over him is obtained 
and that failure of the parent to comply with any order of 
the court pursuant to G.S. § 7A-584 may cause the court to 
issue a show cause order for contempt. 

A summons shall be directed to the person summoned to 
appear and shall be delivered to any law enforcement officer 
having authority and territorial jurisdiction to execute the 
process . 

COMMENTARY 



A. Summary 

This section establishes the 
procedure for issuing summons to 
the necessary parties once the peti- 
tion has been filed. A summons 
must be issued to the child, the 
child's parent, and the guardian, 
custodian or caretaker, requiring 
them to appear at the time and 
place stated in the summons. Each 
summons must be accompanied by a 
copy of the petition. The summons 
also serves to notify the parents 
the", they are within the jurisdic- 
tion of the court and that failure 



to obey a court order in the case 
may result in an order requiring 
them to appear and demonstrate 
to the court why they should not 
be held in contempt of court. 
Such summons shall be directed 
at the person to appear and shall 
be delivered to a law enforcement 
officer for execution. 

B. Derivation 

This section is based on 
G.S. § 7A-283, and G.S. § 15A- 
301. 



149 



C. Relationship to Existing Law 

The present North Carolina 
statute governing the summons, G.S. 
§ 7A-282, authorizes a summons to 
be issued to the child, the child's 
parents, guardian, or custodian at 
the direction of the court. 

This section requires the 
court to direct the issuance of a 
summons to the child, the child's 
parents, and guardian, custodian 
or caretaker. 



The proposed section also 
requires that a copy of the peti- 
tion be attached to the summons 
so that everyone involved in the 
case will be fully informed of 
the circumstances. 

In addition, under the pro- 
posed section the summons must 
reflect the fact that the court 
has obtained jurisdiction over 
the parents as well as the child 
and gives notice to parents that 
they shall cooperate with the 
court in attempting to resolve 
the child's situation. 



Finally, the proposed sec- 
tion draws on G.S. § 15A-301 to 
establish procedures for delivery 
of the summons. 



150 



§ 7A-535. Service of Summons . - The summons shall be 
personally served upon the parents or either of them, the guar- 
dian, custodian, or caretaker, and the juvenile not less than 
five days prior to the date of the scheduled hearing. The 
time for service may be waived in the discretion of the judge. 

If the parent, guardian, or custodian entitled to receive 
a summons cannot be found by a diligent effort, the judge may 
authorize service of the summons and petition by mail or by 
publication as prescribed by Rule 4 of the Rules of Civil Pro- 
cedure, adapting the Notice of Service of Process by Publica- 
tion to a juvenile action as approved by the judge. 

If the parent, guardian, or custodian is personally 
served as herein provided and fails without reasonable cause 
to appear and to bring the juvenile before the court, he may 
be proceeded against as for contempt of court. 

The provisions of G.S. § 15A-301 (a), (c) , (d) , and (e) 
relating to criminal process shall apply to juvenile process; 
provided the period of time for return of an unserved summons 
shall be 30 days. 

COMMENTARY 



A. Summary 

This section sets out proce- 
dures and time schedules to be 
followed in notifying the nec- 
essary parties of their obliga- 
tion to appear. 



The summons must be served 
on the child and child's parents, 
guardian, or custodian at least 
five days before the hearing un- 
less the judge waives the time 
schedule. 



151 



If the parents, guardian, or cus- 
todian cannot be found, the judge may 
authorize service by mail or by publi- 
cation in local news media in accord- 
ance with procedures established by 
Rule 4 of the Rules of Civil Proce- 
dures. However, the judge may alter 
these procedures to protect the 
identity of the child or the nature 
of the action. 

If the parents, guardian, or 
custodian do receive the summons 
and petition and fail to appear at 
the hearing without good cause, the 
court may find the non-appearing 
party in contempt. The statutes 
governing criminal process shall 
apply to juvenile process. 



B. Derivation 

This section is based on G.S. 
§ 7A-282, G.S. § 15A-301, and G.S. 
§ 1A-1, Rule 4. 

C. Relationship to Existing Law 

The proposed section is sub- 
stantially the same as G.S. § 7A- 
283. The proposed section would 
allow the judge to alter the form 
of service by publication and 
would establish procedures for 
delivery of notice to necessary 
parties. 






152 



"Article 46. 
"Temporary custody; secure and nonsecure custody; custody 

hearings, 

" § 7A-536. Taking a Juvenile into Temporary Custody . - 

(1) A juvenile may be taken into temporary custody by a 
law enforcement officer without a court order if grounds exist 
for the arrest of an adult in identical circumstances under 
G.S. § 15A-401 (b) . 

(2) A juvenile may be taken into temporary custody with- 
out a court order by a law enforcement officer or a court coun- 
selor if there are reasonable grounds to believe that he is an 
undisciplined juvenile. 

(3) A juvenile may be taken into temporary custody with- 
out a court order by a law enforcement officer or a Department 
of Social Services worker if there are reasonable grounds to 
believe that the juvenile is abused, neglected, or dependent 
and that he would be injured or could not be taken into custody 
if it were first necessary to obtain a court order. 

(4) A juvenile may be taken into custody without a court 
order by a law enforcement officer, by a court counselor, or by 
personnel of the Division of Institutional Services as designated 
by the Office of Juvenile Justice if there is probable cause 

to believe the juvenile is an absconder from any state training 
school or approved detention facility. 



153 



COMMENTARY 



A. Summary 

This section allows a law 
enforcement officer to temporarily 
take a juvenile into custody in any 
situation where his behavior, if 
exhibited by an adult, would be 
grounds for arrest under North Caro- 
lina law. 

The section also allows a law 
enforcement officer or court counse- 
lor to take a juvenile into tempor- 
ary custody without a court order 
where circumstances evidence reason- 
able grounds to believe the child is 
undisciplined. 

Further, the section allows a 
law enforcement officer or a social 
services worker to temporarily take 
into custody a juvenile when there 
are reasonable grounds tc believe 
that the child is abused, neglected, 
or dependent. 

Finally, provision for tempo- 
rary custody of an absconder from a 
state training school or approved 
detention facility is mace. 



B, 



Derivation 



This section is based on G.S. 
§ 134A-24; and National Juvenile Law 
Center Model Code (1975). 

C. Relationship to Existing Law 

Under present North Carolina 
law, taking a child into custody un- 
der court order after a petition has 
been filed is authorized in G.S. § 
7A-284. However, the legal basis for 
taking a child into custody without a 
court order has never been clarified 
by either statute or court decision, 



except in the case of a runaway 
under G.S. § 134A-24. Law en- 
forcement officers have presumed 
to act under the broad, unexam- 
ined authority of parens patriae 
[See In re Burris , 275 N.C. 517, 
169 S.E. 2nd 879 (1969), aff'd, 
403 U.S. 528 (1971)]. 

The officer's common law 
authority to stop and question a 
person based on reasonable suspi- 
cion (See Terry v. Ohio , 392 U.S. 
1; Adams v. Williams , 407 U.S. 
143; and State v. Streeter , 283 
N.C. 203) is affected only inso- 
far as the six hour limitation. 
The Committee considered criticism 
that the six hour restriction on 
temporary custody without an 
authorized order makes no allowance 
for situations where delays are 
unavoidable. The suggestion 
that language similar to that 
requiring an officer to take an 
arrested person before a magis- 
trate "without unreasonable delay" 
should be incorporated was dis- 
cussed at length. The Committee, 
however, concluded that custody 
of a juvenile without a court 
order should be limited to a brief 
period of time. 

This section clearly deline- 
ates the circumstances under which 
a child may be taken into custody 
without a court order. In pro- 
viding the statutory authority 
for temporary custody of a juve- 
nile, the section in no way au- 
thorizes detention (secure custo- 
dy) of that juvenile until an 
order for secure custody is ob- 
tained. 



154 



This section simply gives custody under limited circum- 

the authorized person the power stances. 

to take a juvenile into his own 



" § 7A-537. Duties of Person Taking Juvenile into Tem- 
porary Custody . - (i) A person who takes a juvenile into cus- 
tody without a court order under G.S. § 7A-536 (1), (2), or 
(3) shall proceed as follows : 

(a) Notify the juvenile's parent, guardian, or 
custodian that the juvenile has been taken into tem- 
porary custody and advise the parent, guardian, or 
custodian of his right to be present with the juvenile 
until a determination is made as to the need for secure 
or nonsecure custody. Failure to notify the parent 
that the juvenile is in custody shall not be grounds 
for release of the juvenile. 

(b) Release the juvenile to his parent, guardian, 
or custodian if the person having the juvenile in tem- 
porary custody decides that continued custody is un- 
necessary. 

(c) If the juvenile is not released under subsection 
(b) , the person having temporary custody shall proceed 

as follows : 

1. In the case of a juvenile alleged to be 
delinquent or undisciplined, he shall request the 
Clerk of Superior Court to draw the petition pur- 
suant to G.S. § 7A-531 or if the Clerk's office is 



155 



closed, the magistrate pursuant to G.S. § 7A-532. 
Once the petition has been drawn and verified, 
the person shall communicate with the intake 
counselor who shall consider prehearing diver- 
sion. If the decision is made to file a peti- 
tion, the intake counselor shall contact the 
judge for a determination of the need for con- 
tinued custody. 

2. In the case of a juvenile alleged to 
be abused, neglected, or dependent, he shall com- 
municate with the Director of the Department of 
Social Services who shall consider prehearing 
diversion. If the decision is made to file a 
petition, the director shall contact the judge 
for a determination of the need for continued 
custody . 
(d) A juvenile taken into temporary custody under 

this Article shall not be held for more than 6 hours 

unless : 

1. A petition or motion for review has been 
filed by an intake counselor or the Director of 
the Department of Social Services, and 

2. An order for secure or nonsecure custody 
has been entered by a judge. 

(2) A person who takes a juvenile into custody under G.S. 
§ 7A-536 (4) shall, after contacting a judge and receiving an 
order for secure custody, transport the juvenile to the nearest 

156 



approved facility providing secure custody, He shall then 
contact the administrator of the training school or detention 
facility from which the juvenile absconded, who shall be 
responsible for returning the juvenile to that facility. 

COMMENTARY 



A. Summary 

This section outlines the 
steps that should be followed once 
a child is taken into temporary 
custody without a court order. 

For all juveniles taken into 
temporary custody, except an abscon- 
der, the person having custody must 
first contact the parents, guardian, 
or custodian of the child, and then 
determine whether the child should 
be detained or released. This 
decision must be made within six 
hours. If the person having custo- 
dy believes the child should be 
detained, they must immediately con- 
tact the intake counselor or direc- 
tor of social services who is respon- 
sible for screening the complaints and 
deciding upon the appropriate course 
of action. If continued custody is 
warranted, the intake counselor or 
director of social services must con- 
tact the judge to request an order to 
that effect. 

A person taking an absconder 
into temporary custody should proceed 
to a nearby facility providing secure 
custody and contact the facility from 
which the juvenile escaped. The ad- 
ministrator of such facility shall be 
responsible for the return of the ju- 
venile. 



B. Derivation 

This section is based on 
G.S. § 134A-24; and Model Juve- 
nile Court Act , National Juve- 
nile Law Center (1975) . 

C. Relationship to Existing Law 

Under present North Carolina 
law, there is no clear provision 
for taking a child into custody 
without a court order, except in 
the case of an absconder. Most 
of this section, therefore, has 
no counterpart in existing law 
and is primarily aimed at esta- 
blishing definite procedures for 
temporary custody which balance 
the juvenile's due process rights 
with the state's duty to protect 
the juvenile and the community. 

The Committee considered 
suggesticns that the order be ob- 
tained "without unreasonable de- 
lay" rather than within 6 hours 
to allow flexibility for unavoid- 
able delays. The Committee con- 
cluded that with the stipulation 
that the judge, intake counselor, 
or his designated substitute may 
authorize continued custody, law 
enforcement officers would be 
able to contact an official within 
six hours as someone would be on 
call 24 hours a day, 7 days a week, 



157 



This provision as it relates 
to law enforcement addresses the 
taking of a juvenile into custody, 
comparable to arrest procedures 
set out in G.S. § 15A-401. Just 
as that statute does not prohibit 
a stop for questioning based on 
reasonable suspicion but not 



amounting to probable cause which 
is reasonable, nor would this sec- 
tion. It would limit any custody 
to 6 hours unless an order had 
been obtained. 



" § 7A-538. Authority to Issue Custody Orders; Delegation. - 
In the case of any juvenile alleged to be within the juris- 
diction of the court, and when the judge finds it necessary to 
place the juvenile in custody, he may order that the juvenile 
be placed in secure or nonsecure custody pursuant to criteria 
set out in G.S. § 7A-539. 

The Chief District Judge may delegate the court's autho- 
rity to issue secure and nonsecure custody orders for juveniles. 
This authority may be delegated by administrative order which 
shall be filed in the office of the Clerk of Superior Court. 
The administrative order shall specify which officials shall 
be contacted for approval of continued custody and may include 
any available district judge, intake counselors and members of 
the Chief Court Counselor's staff. 

COMMENTARY 



A. Summary 

If the court finds it necessary tody following the criteria for 

to place a juvenile alleged to be with- secure or nonsecure custody 

in the jurisdiction of the court into set out in G.S. § 7A-539. 
custody, the court may order such cus- 



158 



The Chief District Judge 
may delegate this authority by an 
administrative order specifying 
which officials shall be contacted 
to make this decision. Officials 
that may be designated to exercise 
this authority are any available 
district judge, the intake counse- 
lor, or other members of the court 
counselor's staff. 

B. Derivation 

This section is based on G.S. 
§ 7A-286 (3). 



C. Relationship to Existing Law 

This section does not sig- 
nificantly change the current law 
contained in G.S. § 7A-286 (3). 
It is designed to establish the 
authority of the court to issue 
custody orders and to allow the 
Chief District Judge to designate 
officials who may exercise that 
authority. This should assure 
that someone has the authority 
to make a decision in a relative- 
ly short period of time. 



§ 7A-539. Criteria for Secure or Nonsecure Custody . - (1) 
When a request is made for nonsecure custody, the judge shall 
order nonsecure custody only when he finds that there is a 
reasonable factual basis to believe the matters alleged in the 
petition are true, and 

(a) The juvenile has been abandoned; or 

(b) The juvenile has suffered physical injury or 
sexual abuse or is exposed to a substantial risk of phy- 
sical injury or sexual abuse because the parent, guardian, 
or custodian has inflicted the injury or abuse; created 
the conditions causing the injury, abuse, or exposure; 
failed to provide, or is unable to provide, adequate super- 
vision or protection; or 

(c) The juvenile is in need of medical treatment 
to cure, alleviate, or prevent suffering serious physi- 
cal harm which may result in death, disfigurement, or 
substantial impairment of bodily functions, and his 






159 



parent, guardian, or custodian is unwilling or unable 

to provide or consent to the medical treatment; or 

(d) The parent, guardian, or custodian consents 

to the nonsecure custody order. 
In no case shall a juvenile alleged to be abused, neglected, 
or dependent be placed in secure custody. 

(2) When a request is made for secure custody, the judge 
may order secure custody only where he finds there is a rea- 
sonable factual basis to believe that the juvenile actually 
committed the offense as alleged in the petition and 

(a) The juvenile is charged with a nondivertable 
offense; or 

(b) That the juvenile is presently charged with 
three or more felonies of similar nature arising out of 
separate incidents and in such close proximity of time 
as to indicate a continuous course of conduct that 
could result in additional charges against the juvenile 
unless he is detained; or 

(c) That the juvenile has wilfully failed to appear 
on the pending delinquency charge or has a record of wil- 
ful failures to appear at court proceedings ; or 

(d) That by reason of the juvenile's threat to flee 
from the court's jurisdiction or circumstances indicating 
preparation or design to flee from the court's jurisdiction 
there is reasonable cause to believe the juvenile will not 
appear in court on a pending delinquency charge unless he 
is detained; cr 



160 



(e) That exhaustive efforts to identify the juvenile 
have been futile or by reason of his being a nonresident 
of the State of North Carolina there is reasonable cause 
to believe the juvenile will not appear in court on a 
pending delinquency charge unless he is detained; or 

(f) That the juvenile is an absconder from any state 
training school or detention facility in this or another 
state; or 

(g) That the juvenile has a recent record of adjudi- 
cations for violent conduct resulting in serious physical 
injury to others, the petition pending is for delinquency, 
and the charge involves physical injury; or 

(h) That by reason of the juvenile's recent self- 
inflicted injury or threatened or attempted self-injury 
there is reasonable cause to believe the juvenile should 
be detained for his own protection for a period of less 
than 24 hours while action is initiated to determine the 
need for inpatient hospitalization; or 

(i) That the juvenile alleged to be undisciplined 
by virtue of his being a runaway should be detained for 
a period of less than 24 hours to facilitate reunion 
with his parents or to facilitate evaluation of the 
juvenile's need for medical or psychiatric treatment. 
(3) When a juvenile has been adjudicated delinquent, the 
judge may order secure custody pending the dispositional hear- 
ing or pending placement of a delinquent juvenile pursuant to 
G.S. § 7A-583. 



161 



(4) In determining whether secure custody should be 
ordered, the judge should consider the nature and circumstances 
of the offense; the weight of the evidence against the juve- 
nile; the juvenile's family ties, character, mental condition, 
and school attendance record; and whether the juvenile is on 
conditional release. If the criteria for secure custody as 
set out in subsections (2) and (3) are met, the judge may enter 
an order directing an officer or other authorized person to 
assume custody of the juvenile and to take the juvenile to the 
place as is designated in the order. 

COMMENTARY 



A. Summary 

This section sets out the pro- 
cedures to be used and criteria to 
be considered in issuing a court 
order for custody of a juvenile. 

Subsection (1) authorizes the 
judge to enter an order for nonse- 
cure custody if a petition or mo- 
tion for review show a reasonable 
basis to believe that che allega- 
tions are true and at least one of 
the following is also crue: 

(a) The child has been aban- 
doned; 

(b) The child has suffered or 
is likely to suffer physical in- 
jury or sexual abuse because the 
parents caused the injury, or 
failed to adequately supervise 
and protect the child; 

(c) The child is in need of 



medical treatment and his parents 
are unwilling or unable to pro- 
vide such treatment; 

(d) The child's parents con- 
sent to the nonsecure custody. 

Subsection (1) also forbids the 
placement of an abused, neglected, 
or dependent child in secure cus- 
tody. 

Subsections (2), (3), and (4) 
set forth both criteria for secure 
detention as well as other factors 
to be considered in making the deci- 
sion. These subsections advocate 
the release of the juvenile unless 
the petition shows a reasonable fac- 
tual basis to believe the juvenile 
committed the offense and at least 
one of the following is true: 



162 



(a) That the offense charged is 
one of those serious enough to be 
nondiver table pursuant to G.S. § 7A- 
511; 

(b) That the juvenile is 
charged with multiple felonies 
which are similar but occur as sep- 
arate incidents and evidence a 
pattern of conduct which indicates 
that the juvenile will repeat the 
offense if released; 

(c) That the juvenile has wil- 
fully failed to appear in the pend- 
ing proceeding or at other court 
proceedings; 

(d) That the juvenile has 
threatened to flee or circumstances 
indicate that the juvenile will 
flee and not appear in a pending 
delinquency charge unless detained; 

(e) That the juvenile cannot 
be identified or is from out of 
state so that flight would pre- 
clude an adjudication; 

(f) That the juvenile has 
run from a training school or de- 
tention facility in this or an- 
other state; 

(g) That the petition pending 
is for alleged violent delinquent 
conduct and the juvenile has a de- 
monstrable record of adjudications 
for injuring others through violent 
behavior; 

(h) That the juvenile has 
threatened, attempted, or accom- 
plished an injury to himself and 
he must be detained for his own pro- 
tection. Such detention is limited 
to 24 hours for the sole purpose of 
determining the need for inpatient 
hospitalization; 

(i) That an alleged undis- 



ciplined juvenile runaway may be 
held for 24 hours or less to re- 
unite his family, to locate non- 
secure placement, or to evaluate 
his need for medical or psychiatric 
treatment. 

Finally, the juvenile may be 
detained following an adjudication 
of delinquency pending a disposi- 
tional hearing or placement. 

In addition to the criteria 
mentioned above, in making the 
decision the judge should also 
consider the nature and circum- 
stances of the alleged offense; 
the weight of the evidence; the 
juvenile's family situation, char- 
acter, mental condition, and school 
attendance record; and previous 
contact with the juvenile justice 
system. The period of secure cus- 
tody for an undisciplined child 
is limited to 24 hours. 

B. Derivation 

This section is based on 
committee discussions using the 
following materials as background 
information: G.S. § 7A-284; the 
IJA/ABA Juvenile Justice Stan- 
dards, Standards Relating to In- 
terim Status , Standard 6.6; IJA/ 
ABA Juvenile Justice Standards, 
Standards Relating to Abuse and 
Neglect , Standard 2.1 (a); HEW 
Model Acts for Family Courts , 
Section 20; and the Report of the 
Advisory Committee to the Adminis- 
trator on Standards for the Admin- 
istration of Juvenile Justice from 
the National Institute for Juvenile 
Justice and Delinquency Prevention, 
Standard 3.152. 

C. Relationship to Existing Law 

Subsection (1) is designed 
to supercede current G.S. § 7A-284, 
which allows a judge to order im- 
mediate custody when a child is 



164 



"in danger or subject to such seri- 
ous neglect as may endanger his 
health or morals, or that the best 
interest of the child requires" it. 
The proposed subsection sets more 
definite criteria to assist the 
judge in making this decision. Also 
in conjunction with G.S. § 7A-538, 
this decision could be made by an 
official with delegated authority, 
as well as a judge. G.S. § 7A-284 
authorizes this action only by 
order of a judge. 

Subsections (2), (3), and (4) 
would replace parts of G.S. § 7A- 
286 (3) which allows secure custody 
entirely in the discretion of the 
court for the protection of the 
community or in the best interest 
of the child. The proposed section 
sets out detailed criteria which 
must be met before a secure custody 
order is issued, as well as enumer- 
ates other factors which should be 
considered in making the decision. 



An undisciplined juvenile 
may not be detained for more than 
24 hours. The Committee considered 
the input received at the public 
hearings that 24 hours was not suf- 
ficient time to make arrangements 
to return the child home and cer- 
tainly not sufficient time to allow 
parents from out of state to arrive 
to pick up a runaway. The Commit- 
tee shared the concerns of presen- 
tees but to comply with the Juvenile 
Justice and Delinquency Prevention 
Act included this provision. 



" § 7A-540. Order for Secure or Nonsecure Custody . - The 
custody order shall be in writing and shall direct a law en- 
forcement officer or other authorized person to assume 
custody of the juvenile and to make due return on the order. 
A copy of the order shall be given to the juvenile's parent, 
guardian, or custodian by the official executing the order. 
If the order is for secure custody, copies of the petition and 
custody order shall accompany the juvenile to the detention 
facility or holdover facility of the jail. 

An officer receiving an order for custody which is com- 
plete and regular on its face may execute it in accordance 



165 



with its terms and need not inquire into its regularity or 
continued validity, nor does he incur criminal or civil liabil- 
ity for its due service. 



COMMENTARY 



A. Summary 

The custody order must be in 
writing and a copy must be given to 
the juvenile's parents. If the 
juvenile is held in detention, a 
copy of the custody order must ac- 
company him to the detention or 
approved holdover facility. This 
section protects the officer ex- 
ecuting the order from civil or 
criminal liability. 

B. Derivation 

This section is based on G.S. 
§ 7A-284; G.S. § 7A-286 (3); and 
G.S. § 15A-301. 



C. Relationship to Existing Law 

Current G.S. § 7A-286 (3) 
requires a written order and noti- 
fication of the juvenile's parents 
for a detention order. The pro- 
posed section would extend these 
requirements to orders for both 
secure and nonsecure custody. 

There is no provision in cur- 
rent law for protection of an offi- 
cer in serving a custody order. 
This section parallels the adult 
statute concerning criminal pro- 
cess, G.S. § I5A-301. 



" § 7A-541. Place of Secure or Nonsecure Custody . - (1) 
A juvenile meeting the criteria set out in G.S. § 7A-539, 
subsection (1) may be placed in nonsecure custody with the 
Department of Social Services or a person designated in the 
order for temporary residential placement in: 

(a) A licensed foster home or a home otherwise 
authorized by law to provide such care or 

(b) A facility operated by the Department of 
Social Services or 



166 



(c) Any other home or facility approved by the 
court and designated in the order. 

(2) A juvenile meeting the criteria set out in G . S . § 
7A-539 (2) may be temporarily detained in an approved county 
detention home or a regional detention facility which shall 

be separate from any jail, lockup, prison, or other adult penal 
institution. It shall be unlawful for a county or any unit of 
government to operate a juvenile detention home unless the 
facility meets the standards promulgated by the Office of Ju- 
venile Justice. 

(3) Until July 1, 1981, if no juvenile detention home 
is available, a juvenile meeting the criteria set out in G.S. 

§ 7A-539 (2) may be detained in a holdover facility which shall 
be inspected pursuant to G.S. § 108-79 through 81, and G.S. § 
7A-681, and shall meet the State standards provided for in G.S. 
§ 7A-675. 

(4) Subsection (3) expires on June 30, 1981. 

COMMENTARY 



A. Summary 

This section specifies the 
places that may be usee for custody, 

Nonsecure custody for a child 
may be in a licensed foster home, 
in a home authorized by law to pro- 
vide such care, in a facility opera- 
ted by the county department of 
social services, or in any other 
home or facility approved by the 
court. 



Secure custody for a juvenile 
may be in a county or regional de- 
tention home. If there is not a 
detention home available, a separate 
section of a local jail, which has 
been approved by the Office of Ju- 
venile Justice, may be used until 
July 1, 1981. 



167 



B. Derivation 

This section is based on 
current G.S. § 7A-286 (2) (b) 
and (c); G.S. § 110-24; and HEW 
Model Acts , Section 22. 

C. Relationship to Existing Law 

This proposed section is sub- 
stantially similar to the two sec- 
tions of current North Carolina law 



on which it is based; however, G.S. 
§ 7A-286 (2) (b) and (c) are de- 
signed as dispositional alternatives 
and are adopted here for custody 
prior to a hearing. The use of a 
jail with a holdover facility is 
prohibited after July 1, 1981. 



11 § 7A-542. Hearing to Determine Need for Continued Se- 
cure or Nonsecure Custody . - (1) No juvenile shall be held under 
a custody order for more than five calendar days without a hear- 
ing on the merits or a hearing to determine the need for con- 
tinued custody. In every case in which an order has been entered 
by an official exercising authority delegated pursuant to G.S. 
§ 7A-538, a hearing to determine the need for continued custody 
shall be conducted on the day of the next regularly scheduled 
session of District Court in the district where the order was 
entered if such session precedes the expiration of the five 
calendar day period. 

(2) Any juvenile who is alleged to be delinquent shall 
be advised of his right to have an attorney represent him as 
provided in G.S. § 7A-544 if he appears without counsel at 
the hearing. 

(3) At a hearing to determine the need for continued 
custody, the judge shall receive testimony and shall allow 
the juvenile, and his parent, guardian, or custodian an 



168 



opportunity to introduce evidence, to be heard in their own 
behalf, and to examine witnesses. The State shall bear the 
burden at every stage of the proceedings to provide clear and 
convincing evidence that restraints on the juvenile's liberty 
are necessary and that no less intrusive alternative will 
suffice. The judge shall not be bound by the usual rules of 
evidence at such hearings . 

(4) The judge shall be bound by criteria set forth in 
G.S. § 7A-539 in determining whether continued custody is 
warranted. 

(5) The judge shall impose the least restrictive inter- 
ference with the liberty of a juvenile who is released from 
secure custody including: 

(a) Release on the written promise of the juvenile's 
parent, guardian, or custodian to produce him in court 
for subsequent proceedings; or 

(b) Release into the care of a responsible person 
or organization; or 

(c) Release conditioned on restrictions on activities 
associations, residence or travel if reasonably related to 
securing the juvenile's presence in court; or 

(d) Any other conditions reasonably related to secur- 
ing the juvenile's presence in court. 

(6) If the judge determines that the juvenile meets the 
criteria in G . S . § 7A-539 and should continue in custody, he 
shall issue an order to that effect. The order shall be in 



169 



writing with appropriate findings of fact. The findings of 
fact shall include the evidence relied upon in reaching the 
decision and the purposes which continued custody is to achieve. 

(7) Pending a hearing on the merits, further hearings to 
determine the need for continued custody shall be held at in- 
tervals of no more than seven calendar days. 

COMMENTARY 



A. Summary 

This section establishes the 
procedures to be followed to con- 
tinue custody after a custody order 
has been issued. 

A juvenile cannot be held for 
more than five calendar days with- 
out a hearing on the merits or to 
decide if continued custody is nec- 
essary. If the custody order was 
not issued by the judge, but by 
an official exercising delegated 
authority, the hearing must be as 
soon as possible but still within 
the five day time period. 

The juvenile must be advised 
of his right to counsel. The con- 
tinued custody hearing is informal; 
the court is not bound by the usual 
rules of evidence in a formal judi- 
cial hearing, but all parties must 
be given the opportunity to present 
evidence and to examine witnesses. 

The judge shall be bound by 
the criteria in G.S. § 7A-539 in 
determining the need for continued 
custody, bearing in mind as well 



that with respect to secure cus- 
tody, the juvenile should be re- 
leased if possible, with conditions 
or restrictions only if necessary 
to assure the juvenile's appear- 
ance in court. The State shall 
bear the burden throughout of 
showing that restraints on the ju- 
venile's liberty are necessary 
and that no less intrusive alter- 
native will suffice. 

If at the conclusion of the 
hearing the judge decides that 
custody should continue, his order 
must be in writing, supported by 
the evidence and noting the purpose 
that continued custody will achieve. 
Custody pending a hearing on the 
merits cannot be delayed for more 
than seven calendar days without 
a subsequent hearing on the need 
for continued custody. 



170 



B. Derivation 

This section is based on commit- 
tee discussion using the following in- 
formation as a basis: G.S. § 7A-284 
and § 7A-286 (3) ; HEW Model Acts for 
Family Courts , Section 23; and IJA/ 
ABA Juvenile Justice Standards Pro- 
ject, Standards Relating to Interim 
Status , Standards 3.4, 4.2, 4.3, 7.6, 
and 7.9. 



The proposed statute also sets 
out due process safeguards with 
respect to the child, consistent 
with In re Gault , 387 U.S. 1 (1967) 
by assuring the juvenile adult 
representation, advising of the 
right to an attorney, allowing 
active participation on the child's 
behalf at the hearing, and requir- 
ing findings of fact with adequate 
justification for the action taken. 



C. Relationship to Existing Law 

G.S. § 7A-284 and G.S. § 7A- 
286 (3) currently provide procedures 
for a hearing to judicially determine 
the need for continued custody or 
detention. They require a hearing 
within five calendar days and writ- 
ten findings of fact if custody is 
continued. The proposed statute 
establishes more specific guide- 
lines and time limits for this pro- 
cedure. 



Finally, the statute makes 
reference to established criteria 
which can guide the judge in his 
decision as well as suggesting al- 
ternatives to secure custody, which 
would still assure the juvenile's 
presence in court. 



171 



" i 7A-543. Telephonic Communication Authorized . - All 
communications, notices, orders, authorizations, and requests 
authorized or required by G.S. § 7A-537, G.S. § 7A-539, and 
G.S. § 7A-540 may be made by telephone when other means of 
communication are impractical. All written orders pursuant 
to telephonic communication shall bear the name and the title 
of the person communicating by telephone, the signature and 
the title of the official entering the order, and the hour and 
the date of the authorization. 

COMMENTARY 



A. Summary 

This section authorizes par- 
ties necessary to a temporary cus- 
tody or custody order situation to 
communicate by telephone if person 
to person contact is impractical 
or impossible. However, the sec- 
tion guarantees the integrity of 
the process by requiring a written 
record, including identification 
of those involved, of all functions 
accomplished in this manner. 



B. Derivation 

This is based in part on G.S. 
§ 7A-284 (b). 

C. Relationship to Existing Law 

The proposed section is de- 
signed to speak to the emergency 
situation when the authority of 
the court may be impeded by time 
or distance and relates to G.S. 
§ 7A-28A (b). 



172 



"Article 47, Basic rights. 

" § 7A-544. Juvenile's Right to Counsel . - A juvenile 
alleged to be within the jurisdiction of the court has the 
right to be represented by counsel in ail proceedings and, 
except as provided :Ln subsection (1) of this section, the 
judge may appoint counsel for the juvenile alleged to be 
delinquent at any stage of the proceedings. 

(1) In all proceedings on a petition wherein it 
is alleged that a juvenile is delinquent, the judge 
shall appoint counsel for the juvenile unless: 

(a) Counsel is retained for the juvenile or 

(b) The juvenile has made a voluntary, 
knowing, and intelligent waiver of 
his right to counsel. 

(2) Notwithstanding the provision for waiver as 
set out in subsection (1) (b) , no juvenile may 

be transferred to Superior Court for trial as an 
adult or committed to the Division of Institutional 
Services unless the juvenile was represented by counsel 
at the preliminary hearing at which a transfer order was 
issued or at the adjudicatory and dispositional hearings 
at which a commitment order was issued; however, the ju- 
venile's refusal to accept the services of counsel 
appointed for him shall not preclude his commitment to a 
training school or his transfer to Superior Court. 



173 



(3) All juveniles shall be conclusively presumed 
to be indigent, and it shall not be necessary for the 
court to receive from any juvenile an affidavit of 
indigency. 

COMMENTARY 



A. Summary 

Any juvenile who is petitioned 
to court as delinquent, undisci- 
plined, abused, neglected, or de- 
pendent has the right to be 
represented by counsel in all 
proceedings. The court may ap- 
point counsel at any time and must 
appoint counsel for the juvenile 
in delinquency cases unless counsel 
has been retained or the juvenile 
waives his right to counsel. How- 
ever, no juvenile may be trans- 
ferred to Superior Court or 
committed to the Divison of Insti- 
tutional Services unless repre- 
sented by counsel at the 
preliminary hearing and at the 
adjudicatory and dispositional 
hearings . 

B. Derivation 

This section is based on G.S. 
§ 7A-285 and case law including In 
re Gault , 387 U.S. 1(1967); Kent 
v . U.S. 383 U.S. 541 (1966); In 
re Garcia , 9 N.C. App. 691 (1970); 
and In re Walker 14 N.C. App. 356 
(1972). 

C. Relationship to Existing Law 

The right to counsel at delin- 
quncy proceedings is presently de- 
fined by statute in G.S. § 7A-285. 
The right to counsel in delinquency 



proceedings Is defined in In re 
Gault , 387 U.S. 1(1967), and 
In re Garcia , 9 N.C. App. 691 
(1970) which affirms the right 
to counsel unless it was know- 
ingly waived in a delinquency 
proceeding. 

North Carolina case law does 
not establish the right to counsel 
for an alleged undisciplined child 
(See In re Walker 281 N.C. 245 
(1972); however, the Committee 
agrees with the thrust of the 
dissent by Justices Bobbitt and 
Sharp that due process requires 
"that counsel be assigned to re- 
present (the child) at any hearing 
which might result in an adjudica- 
tion prejudicial to her." 

The proposed section does 
allow the juvenile to waive 
counsel; however, the Committee 
believes that no juvenile should 
be transferred to Superior Court 
or committed to the Division of 
Institutional Services without 
representation. Therefore, the 
proposed section requires the 
court to assess the seriousness of 
the charge and assign counsel, 
even over the protestations of the 
juvenile, if there appears to 
be a real possibility of transfer 
to Superior Court or commitment 
to the Division of Institutional 
Services . 



174 



The Committee discussed the 
holding of the United States Su- 
preme Court in Faretta v. California 
422 U.S. 806 (1975), that a defen- 
dent in a state criminal trial has 
a constitutional right to proceed 
without counsel when he voluntarily 
and intelligently elects to do so. 
In addition to noting that Faretta 
has not been held applicable to 
juveniles, the Committer stressed 
the injustice of incarceration of 
a juvenile who may lack the ability 



to recognize the consequences of 
his waiver. Certainly the 
ability of the juvenile to under- 
standing^ waive his right to 
counsel is neither dependent 
upon nor related to whether he 
may be transferred or committed 
to a training school; but the 
Committee wished to insure to 
every extent possible that before 
a juvenile is transferred or 
committed, all legal defenses 
are raised. 



11 § 7A-545. Appointment of Guardian . - In any case when 
no parent appears in a hearing with the juvenile or when the 
judge finds it would be in the best interest of the juvenile, 
the judge may appoint a guardian of the person for the ju- 
venile. The guardian shall operate under the supervision of 
the court with or without bond and shall file only such 
reports as the court shall require. The guardian shall have 
the care, custody, and control of the juvenile or may arrange 
a suitable placement for him and may represent the juvenile 
in legal actions before any court. The guardian shall also 
have authority to consent to certain actions on the part of 
the juvenile in place of the parent including marriage, en- 
listing in the armed forces, and undergoing major surgery. 
The authority of the guardian shall continue until the 
guardianship is terminated by order, until the juvenile is 
emancipated pursuant to Article 56, or until the juvenile 
reaches the age of majority. 



175 



COMMENTARY 



A. Summary 

In any case where a child's 
parent does not appear with him, 
or when the court believes it would 
be in the best interest of the 
child, the court shall appoint a 
guardian of the person for the 
child. The guardian shall have 
the care, custody, and control 
of the child or may arrange place- 
ment for the child. The guardian 
may represent the child in legal 
actions, and consent to certain 
actions, including marriage, 
enlisting in the armed forces, 
and surgery. The guardian's 



authority shall continue in 
the discretion of the court dur- 
ing the minority of the child or 
until he is emancipated. 

B. Derivation 

This section is based on 
G.S. § 7A-286<(7). 

C. Relationship to Existing Law 

This section makes no change 
in the substance of the law as it 
presently is in G.S. § 7A-286 (7). 



" § 7A-546. Appointment of Guardian Ad Litem . - When in 
a petition a juvenile is alleged to be abused or neglected, 
the judge shall appoint a guardian ad litem to represent the 
juvenile if he finds as a fact that the juvenile is in need 
of and can benefit from such representation. The duties of 
the guardian ad litem shall be to make an investigation to 
determine the facts, the needs of the juvenile, and the avail- 
able resources within the family and community to meet those 
needs; to appear on behalf of the juvenile in the court pro- 
ceeding and to perform necessary and appropriate legal services 

on his behalf; to present relevant facts to the judge at the 
adjudicatory hearing and to explore options with the judge at 
the dispositional hearing; to protect and promote the best 
interest of the juvenile until formally relieved of the 



176 



responsibility by the judge; and to appeal, when advisable, 
from an adjudication or order of disposition to the Court of 
Appeals . 

The judge may order the Department of Social Services 
or the guardian a_d litem to conduct follow-up investigations 
to insure that the orders of the court are being properly 
executed and to report to the court when the needs of the 
juvenile are not being met. The judge may also authorize 
the guardian ad 1 i t em to appear with the juvenile in any 
criminal action wherein he may be called on to testify in a 
matter relating to abuse. 

The guardian ad litem shall be an attorney-at-law, li- 
censed to practice in the State of North Carolina. In no 
case may the judge appoint a public defender as guardian 
ad litem . The judge may grant the guardian ad litem the 
authority to demand any information or reports whether or 
not confidential, that may in his opinion be relevant to the 
case. Neither the physician-patient privilege nor the hus- 
band-wife privilege may be invoked to prevent the guardian 
ad litem and the court from obtaining such information. The 
confidentiality of such information or reports shall be 
respected by the guardian ad litem and no disclosure of any 
such information or reports shall be made to anyone except 
by order of the judge. 



177 



COMMENTARY 



A. Summary 



In any case alleging abuse 
or neglect, the court shall appoint 
a guardian ad_ litem , which is a re- 
presentative of the child for the 
purposes of the pending case, if 
the court finds as a fact that the 
child does need and will benefit 
from representation. The duties 
of the guardian ad litem are to 
investigate the case, determine 
the needs of the child, and iden- 
tify community resources that 
meet the child's needs; to appear 
on behalf of the child as legal 
representative during all pro- 
ceedings; and to protect the 
child and promote the best inter- 
ests of and least detrimental 
alternatives for the child at 
every stage of judicial proceed- 
ings. The guardian ad litem 
shall be a licensed attorney. 

The court may permit the 
guardian ad litem to demand any 
information or reports, whether 
or not confidential, that may be 
relevant to the case. Neither 



the physician-patient privilege 
nor the husband-wife privilege 
may prevent disclosure. The 
guardian ad_ litem must respect 
confidential information and 
may not disclose such informa- 
tion except with permission of 
the court. 

B. Derivation 



G.S 



This section is based on 
§ 7A-283. 



C. Relationship to Existing Law 

The proposed section is simi- 
lar to the guardian ad litem provi- 
sions of current G.S. § 7A-283 with 
these exceptions: (1) The depen- 
dent child is Included as well as 
the neglected and (2) Appointment 
shall be made upon a finding of 
need and benefit rather than 
appointment being made unless there 
is a finding that the child does 
not need and would not benefit from 
such an appointment. 



178 



11 § 7A-547. Payment of Court Appointed Attorney or 
Guardian Ad Litem . - An attorney or guardian ad litem appointed 
pursuant to G. S. § 7A-544 or G.S. § 7A-546 of this Article 
shall be paid a reasonable fee fixed by the court in the same 
manner as fees for attorneys appointed in cases of indigency. 
The judge may require the parent or a custodian other than a 
Department of Social Services to pay the attorney's fee or 
reimburse the State unless the parent or custodian is indigent. 
A parent or custodian shall not be ordered to pay court ap- 
pointed counsel in cases in which the child requested the 
right to execute a waiver of counsel. The test of the 
parent or custodian's ability to pay shall be the test applied 
to appointment of an attorney in cases of indigency. A person 
who does not comply with the court's order of payment may be 
punished for contempt as provided in G.S. § 5A-21. 

COMMENTARY 



A. Summary 

Fees for court appointed 
officials shall be set by the 
court. If the court appoints 
an attorney or guardian ad 
litem , the court may require 
the child's parents or legal 
custodian to bear the expense 
unless they are indigent. Ex- 
ceptions are in cases where the 
county Department of Social Ser- 
vices has custody or where the 
juvenile has requested a 



waiver of counsel. The courts 
order shall be enforceable in 
the same manner as an order of 
contempt. 

B. Derivation 

This section is based on G.S, 
§ 7A-286 (6). 



179 



C. Relationship to Existing Law 



The Committee believes that 
counsel at many juvenile hearings 
is essential; however, the Com- 
mittee also believes that the 
juvenile's parents should bear 
the financial burden, if able, 
rather than the State. There 
is an exception for a juvenile 
who has requested to waive coun- 



sel in a delinquency proceeding 
because it was felt to be unfair 
to require payment for a service 
the juvenile has asked not to 
receive even though that service 
may be required under G.S. § 7A- 
544 (2), 



180 



"Article 48. 
"Law enforcement procedures in delinquency proceedings. 

" § 7A-548. Rcle of the Law Enforcement Officer . - A 
law enforcement officer, when he takes a juvenile into tem- 
porary custody, should select the least restrictive course of 
action appropriate to the situation and needs of the juvenile 
from the following: 

(1) To divert the juvenile from the court by 

(a) release; 

(b) counsel and release; 

(c) release to parents; 

(d) referral to community resources ; 

(2) To seek a petition; 

(3) To seek a petition and request a custody order. 

COMMENTARY 



A. Summary 

This section recognizes the 
role of law enforcement in sup- 
porting the philosophy ;hat com- 
munity resources should be utilized 
and informal means emphasized, where- 
ever possible, in addressing the 
problems of juvenile offenders. 



C. 



Derivation 

Kids and Cops , page 26. 
Relationship to Existing Law 

This is a new section. 



181 



§ 7A-549. Interrogation Procedures . - (1) Any juve- 
nile in custody must be advised prior to questioning: 

(a) That he has a right to remain silent; and 

(b) That any statement he does make can be and 
will be used against him; and 

(c) That he has a right to have a parent, 
guardian, or custodian present during 
questioning; and 

(d) That he has a right to consult with an 
attorney and that one will be appointed 
for him if he is not represented and wants 
representation. 

(2) When the juvenile is less than fourteen years of 
age, no in-custody admission or confession resulting from 
interrogation may be admitted into evidence unless the con- 
fession or admission was made in the presence of the juve- 
nile's parent, guardian, custodian, or attorney. If an 
attorney is not present, the parent, guardian, or custodian 
as well as the juvenile must be advised of the juvenile's 
rights as set out in subsection (1); however, a parent, 
guardian, or custodian may not waive any '.right on behalf of 
the juvenile. 

(3) If the juvenile indicates in any manner and at 
any stage of questioning pursuant to this section that he 
does not wish to be questioned further, the officer shall 
cease questioning. 



182 



(4) Before admitting any statement resulting from custo- 
dial interrogation into evidence, the judge must find that the 
juvenile knowingly, willingly, and understandingly waived his 
rights . 

COMMENTARY 
A. Summary 



Any juvenile in custody must 
be advised of his right to remain 
silent; that any statement he makes 
can and will be used against him; 
that he may have a parent, guard- 
ian, or custodian present during 
any questioning; and that he has 
a right to an attorney, who will 
be appointed for him if necessary. 

If the juvenile is under 
fourteen years old, no in-custody 
statement resulting from inter- 
rogation may be admitted into 
evidence unless the juvenile's 
parents, guardian, custodian, or 
attorney is present during the 
interrogation. 

If an attorney is not pre- 
sent, the parent must be informed 
of the juvenile's rights; but he 
is not empowered to waive the 
juvenile's rights. 

The fact that he has an- 
swered some questions or vol- 
unteered some statements does 
not deprive him of the right to 
refrain from answering further 
(See Miranda v. Arizona , 384 
U.S. 436, 16 L. ed. 2nd 694 at 
707 (1966)]. 

Before the court may accept 
evidence obtained as a result of 



questioning, it must find that 
the juvenile knowingly, willing- 
ly, and understandingly waived his 
rights. 

B. Derivation 

See Miranda v. Arizona , 384 
U.S. 436 (1966); Dissent in 77- 
5953, Riley v. Illinois , 4/24/78. 
See also 77-5874, Little v. Arkan- 
sas , 4/3/78. 

C. Relationship to Existing Law 

The proposed section has no 
statutory equivalent in current 
North Carolina law. The rights 
outlined in subsections (1) , (2) , 
and (4) are required by current 
case law. Subsection (3) was added 
by the Committee to assure that the 
juvenile may have his parent pre- 
sent during questioning if he de- 
sires and is an addition to case 
law requirements. The Committee 
heard from presentees that in many 
cases, presence of a parent would 
be coercive and the juvenile under 
14 should be permitted to refuse 
to have any of the persons listed 
present. Those arguments were 
rejected. 



183 



On April 24, 1978, the United 
States Supreme Court denied review 
of the murder conviction of a 16- 
year-old Illinois youth whose re- 
quest to speak with his father 
before he talked to police was 
ignored. Police had advised him 
of his right to an attorney. 
(See Riley v. Illinois ) The Com- 
mittee was aware of that decision 
and adopted Justice Thurgood 
Marshall's view that the prac- 
tice of honoring adult requests 
for legal advice but ignoring 
juvenile requests for parental 
help is incongruous. 



It is clear that by "in- 
custody" the Committee means 
after the juvenile has been 
taken into custody or other- 
wise deprived of his freedom 
[See Miranda v. Arizona , 16 L. 
ed. 2d 694 at 706 (1966)]. 
Spontaneous utterances made 
while the juvenile is in cus- 
tody are not excluded. 

Before any in-custody state- 
ment can be accepted into evidence, 
the court must find that, consis- 
tent with this section, the ju- 
venile made an intelligent, 
voluntary waiver of his rights. 



" § 7A-550. Authority to Issue Non testimonial Order in 
the Case of Juveniles Alleged to be Delinquent . - Nontesti- 
monial identification procedures shall not be conducted on any 
juvenile without a court order issued pursuant to this Article 
A nontestimonial identification order authorized by this Arti- 
cle may be issued by any judge of the District Court or of the 
Superior Court upon request of a prosecutor. As used in this 
Article, "nontestimonial identification" means identification 
by fingerprints, palm prints, footprints, measurements , blood 
specimens, urine specimens, saliva samples, hair samples, or 
other reasonable physical examination, handwriting exemplars, 
voice samples, photographs, and lineups or similar identifica- 
tion procedures requiring the presence of a juvenile. 



184 



COMMENTARY 



A. Summary 

This section authorizes the 
judge to issue a nontestimonial 
order for identification pro- 
cedures as allowed in the case 
of adults pursuant to Article 14 
of Chapter 15A of the General 
Statutes. It requires an order 
by the court and is limited to 
those cases in which the juve- 
nile is alleged to be delinquent. 

B. Derivation 

G.S. § 15A-271; 18 U.S.C.A. 
§5038 (1974); IJA/ABA Standards, 
Standards on Police Handling of 
Juvenile Problems , 3.2. 

C. Relationship to Existing Law 

This is a new provision. It 
clarifies and expands upon G.S. 
§ 15A-502. Some judges inter- 
preted that statute to mean that 
juveniles could be fingerprinted 
and photographed in thac it "did 
.not authorize" same but neither 
did it forbid fingerprinting or 
photographing. 

Others interpreted the 
statute to allow the finger- 
printing of juveniles only after 
the juvenile had been bound over 



to Superior Court for trial as 
an adult. The scope of identi- 
fication techniques is greatly 
expanded. 

This section requires that 
an officer obtain a court order 
before fingerprinting, photo- 
graphing or conducting any other 
nontestimonial identification on 
a juvenile. 

Although the breathalyzer 
test and polygraph are not identi- 
fication procedures, it should be 
noted that the Committee was 
requested and did discuss whether 
those procedures should be used 
in juvenile cases by law enforce- 
ment. The Committee concluded 
that use of the breathalyzer test 
and polygraph should not be speci- 
fically authorized. Nor did the 
Committee specifically forbid 
their use. 



135 



" § 7A-551. Time of Application . - A request for a non- 
testimonial identification order may be made prior to taking a 
juvenile into custody or after custody and prior to the adjudi- 
catory hearing or prior to trial in Superior Court where a case 
is transferred pursuant to Article 49 of this Act. 

COMMENTARY 



A. Summary 

A request for an order may 
be made at any time prior to the 
adjudicatory hearing or prior to 
the trial of the case where it is 
transferred to Superior Court for 
trial as in the case of adults. 



C. 



Derivation 

G.S. § 15A-272. 
Relationship to Existing Law 

This is a new section. 



186 



" § 7A-552. Basis for Order . - An order may issue only 
on affidavit or affidavits sworn to before the judge and 
establishing the following grounds for the order: 

(1) That there is probable cause to believe that 
an offense has been committed which if committed by an 
adult would be punishable by imprisonment for more than 
one year; and 

(2) That there are reasonable grounds to suspect 
that the juvenile named or described in the affidavit 
committed the offense; and 

(3) That the results of specific nontestimonial 
identification procedures will be of material aid in 
determining whether the juvenile named in the affidavit 
committed the offense. 

COMMENTARY 



A. Summary 

This section limits the finger- 
printing, photographing, etc., of ju- 
veniles pursuant to court order to a 
juvenile alleged to have committed 
an offense for which a one year sen- 
tence could have been imposed had he 
been an adult. It further requires 
a finding that the procedures will 
be of material aid and that there 
are reasonable grounds to suspect 
the juvenile committed the offense. 



B. Derivation 

G.S. § 15A-273. 

C. Relationship to Existing Law 

This section is new and 
adopts the grounds described in 
G.S. § 15A-273 in the case of 
adults to the juvenile law. 



187 



" § 7A-553. Issuance of Order . - Upon a showing that the 
grounds specified in G.S. § 7A-552 exist, the judge may issue 
an order following the same procedure as in the case of adults 
under G.S. § 15A-274, G.S. § 15A-275, G.S. § 15A-276, G.S. § 
15A-277, G.S. § 15A-278, G.S. § 15A-279, G.S. § 15A-280, and 
G.S. § 15A-282. 

COMMENTARY 



A. Summary 

This section incorporates the 
provisions of G.S. § 15A applicable 
to the issuance, modification, ser- 
vice, contents and implementation 
of the order into the juvenile law. 

B. Derivation 

G.S. § 15A-274, G„S. § 15A-275, 
G.S. § 15A-276, G.S. § 15A-277, G.S. 
§ 15A-278, G.S. § 15A-279, G.S. § 15A- 
280, G.S. § 15A-282. 



C. Relationship to Existing Law 
This is a new section. 



188 



" § 7A-554. Nontestimonial Identification Order at 
Request of Juvenile . - A juvenile in custody for or charged 
with an offense which if committed by an adult would be pun- 
ishable by imprisonment for more than one year may request 
that nontestimonial identification procedures be conducted 
upon himself. If it appears that the results of specific 
nontestimonial identification procedures will be of material 
aid to the juvenile's defense, the judge to whom the request 
was directed must order the State to conduct the identifi- 
cation procedures. 

COMMENTARY 



A. Summary 

This section requires the 
judge to order nontestimonial 
identification procedures if 
requested by the juvenile where 
it appears that the results 
will be of material aid in de- 
termining whether the juvenile 
committed the offense. 



B. Derivation 

G.S. § 15A-281. 

C. Relationship to Existing Law 

This is a new section. 



189 



§ 7A-555. Destruction of Records Resulting From Non- 
testimonial Procedures . - The results of any nontestimonial 
identification procedures shall be retained or disposed of 
as follows : 

(1) If a petition is not filed against a juvenile who 
has been the subject of nontestimonial identification pro- 
cedures, all records of such evidence shall be destroyed. 

(2) If in the District Court or Superior Court pursuant 
to a transfer a juvenile is found not guilty, all records 
resulting from a nontestimonial order shall be destroyed. 
Further, in the case of a juvenile who is under fourteen 
years of age and who is adjudicated to have committed a 
delinquent act, which would be less than a felony had the ju- 
venile been an adult, all records shall be destroyed. 

(3) If a juvenile fourteen years of age or older is 
found to have committed a delinquent act which would be a 
felony if committed by an adult, all records resulting from 
a nontestimonial order may be retained in the court file. 
Special precautions shall be taken to ensure that these 
records will be maintained in such a manner and under such 
safeguards as to limit their use to inspection for compari- 
son purposes by law enforcement officers only in the investi- 
gation of a crime. 

(4) If the juvenile is transferred to Superior Court, 
all records resulting from nontestimonial identification 
procedures shall be processed as in the case of an adult. 



190 



(5) Any evidence seized pursuant to a nontestimonial 
order shall be retained by law enforcement officers until 
further order is entered by the court. 

(6) Destruction of nontestimonial identification records 
pursuant to this section shall be performed by the law enforce- 
ment agency having possession of such records. Following destruc- 
tion, the law enforcement agency shall make written certification 
to the court of such destruction. 

COMMENTARY 



A. Summary 

This section provides for de- 
struction of the results of tests 
when a petition is not obtained, 
when a juvenile is found not 
guilty and when a juvenile is 
found guilty but is under four- 
teen years of age and has committed 
a misdemeanor. When the juvenile 
is over fourteen and found to have 
committed a felony in a case re- 
tained by the juvenile court, re- 
cords resulting from the nontesti- 
monial order may be maintained in 
the court file. 



B. Derivation 



IJA/ABA Standards, Standards 
on Juvenile Records and Informa- 
tion Systems , 19.6; Virginia Juve- 
nile and Domestic Relations 
District Courts, Article 12, 
16.1-299. 



C. Relationship to Existing Law 
This is a new section. 



191 



§ 7A-556. Penalty for Wilful Violation . - Any person 
who wilfully violates provisions of this Article which prohibit 
conducting nontestimonial identification procedures without an 
order issued by a judge shall be guilty of a misdemeanor. 

COMMENTARY 



A. Summary 

This section creates crimi- 
nal penalties for wilful violation 
of the provisions of this Article. 

B. Derivation 

HEW Model Act , Section 47 
(e) ; IJA/ABA Standards, Standards 
on Juvenile Records and Information 
Systems , 2.4. 



C. Relationship to Existing Law 
This is a new section. 



192 



"Article 49. 
"Transfer to superior court. 

" § 7A-557. Transfer of Jurisdiction of Juvenile to 
Superior Court . - The court after notice, hearing, and a 
finding of probable cause may transfer jurisdiction over a 
juvenile fourteen years of age or older to Superior Court if 
the juvenile \<jas fourteen years of age at the time he allegedly 
committed an offense which would be a felony if committed by 
an adult. If the alleged felony constitutes a capital offense 
and the judge finds probable cause, the judge shall transfer 
the case to the Superior Court for trial as in the case of 
adults . 

COMMENTARY 



A. - Summary 

The juvenile court, after fol- 
lowing the procedures outlined in 
this Article, may transfer a juve- 
nile to Superior Court. A juvenile 
may be transferred only for an of- 
fense which would be a felony under 
the criminal law and such offense 
must have occurred when the child 
was at least fourteen years of age. 



B 



Derivation 



This section is based on G.S 
§ 7A-280. 

C. Relationship to Existing Law 

The proposed section clari- 
fies age provisions for transfer. 



Transfer of a juvenile is provided 
for only when a felony was com- 
mitted when he was at least four- 
teen years of age without regard 
to the juvenile's age when the 
juvenile was apprehended or when 
the petition was filed. Again, 
the age of the juvenile when the 
offense was alleged to have been 
committed governs. 

The Committee considered and 
rejected compulsory transfer of 
certain very serious felonies, 
opting instead for the continued 
exercise of discretion by the 
judge. In addition, the Commit- 
tee considered a proposal to 
formalize the transfer hearing by 
providing for motions to be made 
only by the prosecutor or the 



193 



defense attorney removing the judge If the alleged felony con- 
front the initiation of the transfer. stitutes a capital offense and 
The Committee concluded that pre- probable cause is found, the case 
sent procedures in this regard must be transferred. 
work quite well. 



" i 7A-558. Probable-Cause Hearing . - (1) The judge 
shall conduct a hearing to determine probable cause in all 
felony cases in which a juvenile was fourteen years of age 
when the offense was allegedly committed unless the juvenile 
waives in x^riting his right to the hearing and stipulates to 
a finding of probable cause. 

(2) At the probable-cause hearing, 

(a) A prosecutor must represent the State; 

(b) The juvenile may be represented by counsel 
in accordance with G.S. § 7A-544; 

(c) The juvenile may testify as a witness in 

his own behalf and call and examine other witnesses 
and produce other evidence in his behalf; and 

(d) Each witness must testify under oath or af- 
firmation and be subject to cross-examination. 

(3) The State must by nonhearsay evidence, or by evi- 
dence that satisfies an exception to the hearsay rule, show 
that there is probable cause to believe that the offense charged 
has been committed and that there is probable cause to believe 
that the juvenile committed it, except: 

(a) A report or copy of a report made by a physi- 
cist, chemist, firearms identification expert, 



194 



fingerprint technician, or an expert or technician 
in some other scientific, professional, or medical 
field, concerning the results of an examination, 
comparison, or test performed by him in connec- 
tion with the case in issue, when stated by that 
person in a report made by him, is admissible in 
evidence . 

(b) If there is no serious contest, reliable hear- 
say is admissible to prove value, ownership of 
property, possession of property in another than 
the juvenile, lack of consent of the owner, pos- 
sessor, or custodian of property to its taking or 
to the breaking or entering of premises, chain of 
custody, authenticity of signatures, and the 
existence and text of a particular ordinance or 
regulation of a governmental unit or agency. 
(4) The juvenile's attorney shall have a right to ex- 
amine any court or probation records considered by the court in 
exercising its discretion to transfer the case. 

COMMENTARY 



A. Summary 

This section requires a probable- 
cause hearing in all cases when a ju- 
venile 14 or over is alleged to have 
committed a felony unless there is a 
waiver. 



Representation of counsel for 
the juvenile is not mandatory 
but the juvenile may not be trans- 
ferred to Superior Court unless he 
were represented by counsel at the 



195 



hearing. A prosecutor must 
represent the State and the 
procedure is similar to that 
for adults. 



is transferred. With the serious- 
ness of some juvenile felonies, 
this practice must be implemented 
statewide. 



The age requirement of 
fourteen years is mentioned 
again. The previous section 
mentioned age in connection 
with the transfer. This sec- 
tion mentions it in connection 
with the hearing. This would 
mean that a judge would not 
be required to conduct a pro- 
bable cause hearing for a juve- 
nile who was less than 14 years 
of age at the time a felony 
was allegedly committed. 

B. Derivation 

G.S. § 7A-280; G.S. § 15A- 
606; G.S. § 15A-611. See also 
In re Bullard et al, 22 N.C. 
App. 245 (1974). See also Kent 
v. United States , 383 U.S. 541. 

C. Relationship to Existing Law 

G.S. § 7A-280 requires a 
probable-cause hearing as mandated 
in this section; however, there 
is no mention of waiver. The 
waiver provision clarifies juve- 
nile procedure. 

Subsections (2) and (3) cod- 
ify what is existing practice in 
some juvenile proceedings. G.S. 
§ 7A-280 is silent as to procedure 
and does not require a prosecutor 
to represent the State. Some dis- 
trict attorneys are now assigning 
a prosecutor for transfer hearings 
so that the case will be prepared 
for trial in Superior Court if it 



Subsection 
G.S. § 7A-280. 



(4) is taken from 



In Kent v. United States , the 
United States Supreme Court, ruling 
on a case arising under the District 
of Columbia Juvenile Code, found 
that it was "... clear beyond dis- 
pute that the waiver of jurisdiction 
is a 'critically important' action 
determining vitally important stat- 
utory rights of the juvenile," (383 
U.S. 541 at 556). The juvenile, 
the court said, is entitled to a 
transfer hearing, representation by 
counsel who has full access to the 
child's social records, and a state- 
ment of reasons for transfer. This 
section and the next one conform 
to those requirements. In addition, 
G.S. § 7A-544 requires appointment 
of counsel prior to the conduct of 
the preliminary hearing in order 
to transfer the case to Superior 
Court for trial as in the case of 
adults. 



196 



" § 7A-559. Where Probable Cause Is Established . - (1) If 
probable cause is found, the prosecutor or the juvenile may 
move that the case be transferred to the Superior Court for 
trial as in the case of adults . If the alleged felony does 
not constitute a capital offense, the judge may proceed to 
determine whether the needs of the juvenile or the best inter- 
est of the State will be served by transfer of the case to 
Superior Court for trial as in the case of adults. 

(2) If probable cause is not found, the judge shall dis- 
miss the proceeding. 

(3) Any order of transfer shall specify the reasons for 
transfer . 

(4) A finding of no probable cause shall not preclude 
the judge from adjudicating the juvenile delinquent for the 
commission of a lesser included offense. 

COMMENTARY 



A. Summary 

If probable cause is found in 
a felony that is not a capital of- 
fense, the judge may — but is not 
required to — transfer the case to 
Superior Court. He must dismiss 
the proceeding if no probable 
cause is found. 

If transfer is made, the 
judge must set out his reasons 
for the transfer in the order. 

Where no probable cause is 
found, the judge may find that the 
juvenile committed a lesser inclu- 
ded offense. 



B. Derivation 

G.S. § 7A-280; Rules of Pro- 
cedure Applicable to Children in 
the District Court . Rule 19; 
Breed v. Jones , 421 U.S. 519, 95 
S. Ct. 1779, 44 L. Ed. 2nd 346 
(1975); In re Bullard et al, 22 
N.C. App. 245 (1974). See also 
G.S. § 15A-612. 



197 



C. Relationship to Existing Law 

This section supplements current 
law as set out in G.S. § 7A-280. A 
provision is added to allow the prose- 
cutor or counsel for the juvenile to 
move that the case be transferred; 
however, full discretion in making 
that decision rests with the judge 
as is now the case one probable cause 
is found and statutory (age/ felony 
offense) requirements met. 

G.S. § 7A-280 does not mandate 
dismissal upon a finding of no 
probable cause although that, in 
effect, is what occurs. 



Providing reasons for trans- 
fer is to be distinguished from a 
finding of facts which, as pointed 
out in In re Bullard et al , 22 N.C, 
App. 245 (1974), is inappropriate 
upon a determination of probable 
cause. 



" § 7A-560. Right to Bail; Detention . - Once the order 
of transfer has been entered, the juvenile has the right to 
pretrial release as provided in G.S. § 15A-553 and G.S. § 15A- 
534. Pending release under this Article, the judge may order 
that the juvenile be detained in a juvenile detention home or 
a separate section of a local jail as provided by G.S. § 7A- 
541. 

COMMENTARY 



A. Summary 

The juvenile is given the right 
of bail afforded adults under G.S. § 
15A-534. Pending his pretrial release, 
the juvenile may be detained as a juve- 
nile in the discretion of the Superior 
Court Judge. 



B. Derivation 

This is a new section. 

C. Relationship to Existing Law 

This clarifies existing law 
and clearly places the responsi- 
bility of hearing matters related 
to pretrial release with the 
judge who ordered the transfer. 
It also affirms the juvenile's 
right to bail. 



198 



" § 7A-561. Double Jeopardy Prohibited . - Jeopardy attaches 
in an adjudicatory hearing when the judge begins to hear evi- 
dence . 

COMMENTARY 



A. Summary 

The proposed section states that 
jeopardy attaches when the trier of 
the facts begins to hear evidence; 
and the juvenile cannot be tried again 
for the same offense in that or any 
other forum. 

B. Derivation 

This section was drafted fol- 
lowing a study of federal statutes 
as well as case law. 



C. Relationship to Existing Law 

This does not change case law. 

The U.S. Supreme Court in 
Breed v. Jones , 421 U.S. 519, 95 
S. Ct. 1779, 44 L. Ed. 2nd 346 
(1975) , held that the Fifth Amend- 
ment protection against double 
jeopardy applies to juvenile de- 
linquency proceedings where the 
child may be in danger of losing 
his freedom. 



199 



"Article 50. Discovery, 

" § 7A-562. Disclosure of Evidence by the Petitioner . - 

(1) Statement of the Juvenile - Upon motion of a juve- 
nile alleged to be delinquent, the judge shall order the 
petitioner : 

(a) To permit the juvenile to inspect and copy 
any relevant written or recorded statements with- 
in the possession, custody, or control of the 
petitioner made by the juvenile or any other 
party charged in the same action; and 

(b) To divulge, in written or recorded form, 
the substance of any oral statement made by the 
juvenile or any other party charged in the same 
action. 

(2) Names of Witnesses - Upon motion of the juvenile, 
the judge shall order the petitioner to furnish the names of 
persons to be called as witnesses. A copy of the record of 
witnesses under the age of sixteen shall be provided by the 
petitioner to the juvenile upon his motion if accessible to the 
petitioner. 

(3) Documents and Tangible Objects - Upon motion of the 
juvenile, the judge shall order the petitioner to permit the 
juvenile to inspect and copy books, papers, documents, photo- 
graphs, motion pictures, mechanical or electronic recordings, 
tangible objects, or portions thereof: 



200 



(a) Which are within the possession, custody, or 
control of the petitioner, the prosecutor, or any 
law enforcement officer conducting an investigation 
of the matter alleged; and 

(b) Which are material to the preparation of his 
defense, are intended for use by the petitioner as 
evidence, and were obtained from or belong to the 
juvenile . 

(4) Reports of Examinations and Tests - Upon motion of 
a juvenile, the judge shall order the petitioner to permit 
the juvenile to inspect and copy results of physical or men- 
tal examinations or of tests, measurements or experiments 
made in connection with the case, within the possession, cus- 
tody, or control of the petitioner. In addition upon motion 
of a juvenile, the judge shall order the petitioner to permit 
the juvenile to inspect, examine, and test, subject to appro- 
priate safeguards, any physical evidence or a sample of it 

or tests or experiments made in connection with the evidence 
in the case if it is available to the petitioner, the prose- 
cutor, or any law enforcement officer conducting an investi- 
gation of the matter alleged and if the petitioner intends to 
offer the evidence at trial. 

(5) Except as provided in subsections (1) through (4) , 
this Article does not require the production of reports, mem- 
oranda, or other internal documents made by the petitioner, 
law enforcement officers, or other persons acting on behalf 



201 



of the petitioner in connection with the investigation or 
prosecution of the case or of statements made by witnesses 
or the petitioner to anyone acting on behalf of the petition- 
er . 

(6) Nothing in this section prohibits a petitioner 
from making voluntary disclosures in the interest of justice. 

COMMENTARY 



A. Summary 

Upon motion of a juvenile, the 
judge must order the petitioner to 
permit the juvenile to inspect and 
copy any written statements made by 
the juvenile or a corespondent in 
the petitioner's possession, and 
order the petitioner to divulge in 
written form the substance of any 
oral statement by the juvenile or 
a corespondent. 

Upon motion, the petitioner 
must give the juvenile the names of 
persons to be called as witnesses, 
and a copy of the juvenile record 
of witnesses under the age of six- 
teen, if accessible to the petitioner, 

Upon motion of the juvenile, 
the judge must order the petitioner 
to permit the juvenile to look at 
and copy all books, photographs, 
recordings, tangible objects, etc. 
which are in the possession of the 
petitioner, the district attorney, 
or any law enforcement officer 
working on the case and which is 
intended for use by the petitioner 
as evidence or belongs to the ju- 
venile. 



Upon motion of a juvenile, 
the judge must order the petition- 
er to permit the juvenile to in- 
spect and copy any reports of phy- 
sical or mental examinations or 
tests or any experiments made in 
connection to the case, which is 
in the possession of the petition- 
er. Also, upon motion, the judge 
must order the petitioner to per- 
mit the juvenile to inspect and 
test any physical evidence or 
experiments as an exhibit in the 
case if it is also available to 
the petitioner, the district at- 
torney, or any law enforcement 
officer investigating the case. 

This article does not re- 
quire production of memoranda or 
internal documents made by the 
petitioner, law enforcement of- 
ficers or others acting for the 
petitioner. Nothing in this 
article prohibits a petitioner 
from voluntarily disclosing in- 
formation in the interests of 
justice. 



202 



B. Derivation 

G.S. § 15A-903. 

C. Relationship to Existing Law 

North Carolina, like most 
other jurisdictions, does not have 
any current statute concerning pre- 
trial discovery in juvenile cases. 

The history of discovery in 
judicial proceedings is relatively 
recent. Around 1940 most states 
began to move away from the "sport- 
ing theory of justice," Tiedman v. 
American Pigment Corp . , 253 F. 2nd 
803-808 (4th Cir. 1958), with its 
emphasis on surprise as a trial 
tactic. Pretrial exchange of in- 
formation, discovery, is designed 
to minimize confusion and maximize 
the efficiency of the court in 
determining the truth. The Ameri- 
can Bar Association has acknowledged 
this goal: 

"Quick wits may be the mark of 
the trial lawyer, but they are 
not always sufficient for the 
orderly exposition and testing of 
evidence, which is the purpose of 
a trial. Where planning is fore- 
closed by lack of information, as 
has long been the custom in much 
of criminal litigation, surprise 
and gamesmanship usually govern 
the conduct of the proceedings. 
The result is too often a general 
obfuscation of the issues." ABA 
Standards, Discovery at 31. 

Pretrial discovery in juve- 
nile cases, like in civil and 
criminal proceedings, will assist 
the parties in narrowing the issues 
and in ascertaining the facts of 
the cases. In delinquency pro- 
ceedings, as in criminal cases, 
particularly when the juvenile is 
an indigent represented by ap- 
pointed counsel, discovery offsets 



the imbalance of investigative 
resources between the State and 
the juvenile. 

Pretrial discovery may also 
serve to expedite trials. For 
example, discovery may eliminate 
the need for the court to grant 
continuances at trial. Contin- 
uances have had the harmful ef- 
fect not only of delaying the 
final outcome of the trial and 
of creating a dilemma for the 
juvenile who is in detention dur- 
ing the trial, but also of jeop- 
ardizing the accuracy of the fact- 
finding process by increasing the 
likelihood that witnesses will be 
unavailable for the hearing or 
that witnesses will be unable to 
recall the facts clearly. 

In addition, pretrial motion 
practice is aided by discovery. 
Since the Fourth and Fifth Amend- 
ments have been applied to delin- 
quency proceedings, counsel will 
need to know whether property was 
seized from the juvenile, whether 
he confessed, and the circumstances 
surrounding any confession to de- 
termine whether constitutional 
challenges should be raised. In 
view of the unreliability and 
doubtful voluntariness of many ju- 
venile confessions [See I_n re 
Gault, 387 U.S. 1, 45,53 (1967)], 
the need for access to such confes- 
sions and to information concerning 
interrogations may be more vital 
in delinquency cases than in crim- 
inal cases. 

Also, to the extent that parti- 
cular discovery rights are mandated 
by the Sixth Amendment right to 
counsel or Fourteenth Amendment due 
process, their application to de- 
linquency proceedings may be neces- 
sary to meet constitutional require- 
ments. 



203 



Finally, discovery is another 
step toward balancing the due process 
rights of the juvenile up to and 
through the adjudicatory stage of 
the proceedings with the interest of 
the State in caring for juveniles who 
need assistance or discipline and in 
protecting the community. 

The Committee had some reser- 
vations about requiring the peti- 
tioner to furnish copies of the 
records of witnesses under sixteen 
to the juvenile. On its face, 
this would seem to negate the con- 
fidentiality of juvenile records 
and proceedings. On the other 
hand, the provision is qualified 
to require production "if the 
records are accessible to the 
petitioner. " 

The provision seems to be 
consistent with the holding of 
the United States Supreme Court 
in Davis v. Alaska , 39 L. Ed. 2nd 
347, 94 S. Ct. 1105 (1974). 



for a protective order prohib- 
iting any reference to Green's 
prior juvenile record at Davis's 
trial. 

The Alaska Supreme Court 
affirmed Davis's conviction on 
the ground that the defense had 
been able to make adequate cross- 
examination of Green in spite of 
the protective order. 

Chief Justice Burger reversed 
and remanded on the ground that 
Davis's right to confrontation 
was paramount to the state's poli- 
cy of protecting a juvenile. 
Davis's counsel was permitted to 
ask Green on cross-examination 
"whether he was biased," the 
Court said, but "was unable to 
make a record from which to argue 
why Green might have been biased 
or otherwise lack that degree of 
impartiality expected of a witness 
at trial." 



Davis was convicted of grand 
larceny and burglary in Alaska. A 
crucial witness against him was 
Green, a seventeen-year-old, who 
was on probation by order of a 
juvenile court because he had 
burglarized two cabins. The trial 
court granted the state's motion 



204 



" § 7A-563. Disclosure of Evidence by the Juvenile . - 

(1) Names of Witnesses - Upon motion of the petitioner, 
the judge shall order the juvenile to furnish to the peti- 
tioner the names of persons to be called as witnesses. 

(2) Documents and Tangible Objects - If the court grants 
any relief sought by the juvenile under G.S. § 7A-562, sub- 
section (3) , upon motion of the petitioner the judge shall 
order the juvenile to permit the petitioner to inspect and 
copy books, papers, documents, photographs, motion pictures, 
mechanical or electronic recordings, tangible objects, or 
portions thereof which are within the possession, custody, 

or control of the juvenile and which the juvenile intends to 
introduce in evidence , 

(3) Reports of Examinations and Tests - If the court 
grants any relief sought by the juvenile under G.S. § 7A-562, 
subsection (4), upon motion of the petitioner, the judge shall 
order the juvenile to permit the petitioner to inspect and 
copy results of physical or mental examinations or of tests, 
measurements or experiments made in connection with the case 
within the possession and control of the juvenile which he 
intends to introduce in evidence or which were prepared by 

a witness whom he intends to call if the results relate to 
the witness's testimony. In addition, upon motion of a peti- 
tioner, the judge shall order the juvenile to permit the 
petitioner to inspect, examine, and test, subject to appro- 
priate safeguards, any physical evidence or a sample of it 



205 



if the juvenile intends to offer the evidence or tests or 
experiments made in connection with the evidence in the case. 



COMMENTARY 



A. Summary 

This section is related to G.S. 
§ 7A-562, Disclosure of Evidence by 
the Petitioner , in that it provides 
the petitioner similar rights afforded 
the juvenile. 

Upon motion of the petitioner, 
the court must order the juvenile to 
allow the petitioner to inspect and 
copy any books, photographs, record- 
ings, tangible objects, etc. in his 
possession and intended as evidence 
at the hearing. 

Upon motion of the petitioner, 
the court must order the juvenile to 
permit the petitioner to inspect and 
copy any reports of physical or men- 
tal examinations or of any experiments 



made in connection with the case 
which are in his possession and 
are to be introduced as evidence. 
Also, upon motion, the court 
must order the juvenile to allow 
the petitioner to examine and 
test any physical evidence or 
experiments if he intends to 
offer such evidence. 

B. Derivation 

G.S. § 15A-905. 

C. Relationship to Existing Law 

This section is similar to 
the previous section in that it 
has no parallel in present North 
Carolina law. See Commentary G.S, 
§ 7A-562. 



206 



11 § 7A-564. Regulation of Discovery; Protective Orders . - 

(1) Upon written motion of a party and a finding of 
good cause, the judge may at any time order that discovery 
or inspection be denied, restricted, or deferred. 

(2) The judge may permit a party seeking relief under 
subsection (1) to submit supporting affidavits or statements 
to the court for in camera inspection. If thereafter, the 
judge enters an order granting relief under subsection (1) , 
the material submitted in camera must be available to the 
Court of Appeals in the event of an appeal. 

COMMENTARY 



A. Summary 

The court may at any time order 
that discovery be denied, restricted, 
or deferred upon written motion and 
a finding of good cause. The party 
making the motion may submit support- 
ing statements to the court for pri- 
vate, in-chambers inspection. This 
material must be available to the 
appellate court in the event of an 
appeal. 

B. Derivation 

G.S. § 15A-908. 



C. Relationship to Existing Law 

This section does not have a 
counterpart in current North Car- 
olina law. It is designed to 
allow the court to hear arguments 
that disclosure in a particular 
case should be denied or re- 
stricted. It speaks to the fact 
that in some instances disclosure 
of information could lead to 
the possibility of harm or intimi- 
dation of witnesses or interfer- 
ence of an on-going' investigation. 
If these fears can be substantiated 
in a particular case, the court may 
deny or restrict discovery. 



207 



" § 7A-565. Continuing Duty to Disclose . - If a party, 
subject to compliance with an order issued pursuant to this 
Article, discovers additional evidence prior to or during 
the hearing or decides to use additional evidence, and if 
the evidence is or may be subject to discovery or inspection 
under this Article, he shall promptly notify the attorney 
for the other party of the existence of the additional evi- 
dence or of the name of each additional witness. 

COMMENTARY 



A. Summary 

If a party discovers addi- 
tional evidence prior to or dur- 
ing the hearing and the evidence 
is or may be subject to discovery 
under this Article, he must 
promptly notify the attorney for 
the other party of the existence 
of this evidence. 

B. Derivation 

G.S. § 15A-907. 



C. Relationship to Existing Law 

This section has no parallel 
in North Carolina juvenile law. 
It assures that the goals of the 
discovery provisions of G.S. § 7A- 
562 and § 7A-563 are not subverted 
by early disclosure of information 
prior to a full investigation in 
order to avoid disclosure of 
facts uncovered at a later date. 



208 



"Article 51. 
"Hearing procedures, 

" § 7A-566. Amendment of Petition . - The judge may 
permit a petition to be amended when the amendment does not 
change the nature of the offense alleged or the conditions 
upon which the petition is based. If a motion to amend is 
allowed, the juvenile shall be given a reasonable opportunity 
to prepare a defense to the amended allegations. 

COMMENTARY 



A. Summary 

At the discretion of the 
court, a petition can be amended 
at any time as long as the 
amendment doesn't change the 
nature of the offense in a de- 
linquency case or the conditions 
alleged in other cases. 

B. Derivation 

G.S. § 15A-922 (f). 



C. Relationship to Existing Law 

There is no current North 
Carolina law which specifically 
provides for the amendment of a 
juvenile petition once it has 
been filed. 



209 



" i 7A-567. Determination of Incapacity to Proceed; Evi- 
dence; Temporary Commitment; Temporary Orders . - The provisions 
of G.S. § 15A-1001, G.S. § 15A-1002, and G.S. § 15A-1003 
apply to all cases in which a juvenile is alleged to be delin- 
quent . 

COMMENTARY 



A. Summary 

This section allows the court 
to have the juvenile examined to 
determine his capacity to proceed. 
Examination may be by impartial 
medical experts appointed by the 
court or may be by state medical 
experts while the juvenile is com- 
mitted for observation for a period 
not to exceed 60 days. This sec- 
tion also provides for the initia- 
tion of involuntary commitment 
proceedings where the juvenile is 
found to lack capacity to proceed. 

B. Derivation 

Conversations with William F. 
O'Connell, Special Deputy Attorney 



General; See also In re Mikels , 
31 N.C, App. 470 (1976) re. 
direct commitments. 

C. Relationship to Existing Law 

This is a new section. Some 
judges are currently committing 
juveniles for this purpose with- 
out statutory authority, this 
presents a problem for the hos- 
pital. This section is needed 
to insure a juvenile who is not 
capable of proceeding is not 
prosecuted until he is capable. 



210 



" § 7A-568. Adjudicatory Hearing . - The adjudicatory hear- 
ing shall be held in the district at such time and place as 
the Chief District Judge shall designate. The judge may ex- 
clude the public from the hearing unless the juvenile moves 
that the hearing be open, which motion shall be granted. 

COMMENTARY 



A. Summary 

The Chief District Judge 
shall designate the time and 
place of the adjudicatory hear- 
ings in the district and these 
hearings must be open if a mo- 
tion is made by the juvenile for 
an open hearing. 

B. Derivation 

G.S. § 7A-285 and IJA/ABA 
Standards, Adjudication 6.1. 

C. Relationship to Existing Law 

The proposed section is 
similar to the first paragraph 
of G.S. § 7A-285. Whether the 
hearing is open to the public 
or not is left to the discretion 
of the judge as in G.S. § 7A-285; 
but under the proposed section, 
the juvenile is entitled to public 
trial if requested by the juvenile 
or his counsel. 



order by the District Court pro- 
hibiting publication of the name 
or picture of a juvenile charged 
with delinquency as a result of 
a second degree murder abridges 
the free press guarantee of the 
First and Fourth Amendments. 
Oklahoma statutes provide that 
juvenile proceedings are to be 
held in private "unless specifi- 
cally ordered by the judge to be 
conducted in public." (Okla. 
Stat. Ann. Tit. 10 § § 1111, 1125 
(1976). In this case there was 
no such order; however, members 
of the press were not asked to 
leave. The United States Supreme 
Court, in making its ruling, 
cited earlier opinions that "once 
a public hearing had been held, 
what transpired there could not 
be subject to prior restraint." 



The Committee was made aware 
of the holding in Oklahoma Pub- 
lishing Co^ v. District Court , 51 
L. Ed. 2d 355 (1976), that an 



211 



" § 7A-569. Participation of the Prosecutor . - A pros- 
ecutor from the District Attorney's office shall represent 
the State in all hearings. 



COMMENTARY 



A. Summary 

A prosecutor from the dis- 
trict attorney's office must be 
assigned by the district attor- 
ney to represent the State in all 
adjudicatory, dispositional, cus- 
tody and transfer hearings. 



B. 



Derivation 



This section is based on IJA/ 
ABA Standards, Transfer Between 
Courts , 2.3; Adjudication, 1.2; 
and Dispositional Alternatives , 
3.1. 



C. Relationship to Existing Law 

Current North Carolina law 
does not require that the Dis- 
trict Attorney represent the 
interests of the State in juven- 
ile proceedings, other than the 
1971 Amendment to G.S. § 7A-61 
which gives his office the duty 
of representing the State in cases 
in which the child is represented 
by counsel. 



212 



" § 7A-570. Conduct of Hearing . - (1) The adjudicatory 
hearing shall be a judicial process designed to adjudicate 
the existence or nonexistence of any of the conditions alleged 
in a petition. In the adjudicatory hearing, the judge shall 
protect the following rights of the juvenile and his parent 
to assure due process of law. the right to written notice of 
the facts alleged in the petition, the right to counsel, the 
right to confront and cross-examine witnesses, the privilege 
against self-incrimination, the right of discovery and all 
rights afforded adult offenders except the right to bail, the 
right of self -representation, and the right of trial by jury. 

COMMENTARY 



A. Summary 

In the adjudicatory hearing, 
the juvenile and his parent shall 
be -assured due process of law in- 
cluding the right to written no- 
tice of the facts, the right to 
counsel, the right to confront 
and cross-examine witnesses, the 
right to discovery, the privilege 
against self-incrimination, and 
all rights given to adult offen- 
ders except the right to bail, 
the right of self-representation, 
and the right to trial by jury. 



B. Derivation 

G.S. § 7A-285. 

C. Relationship to Existing Law 

This section expands current 
law to insure discovery rights to 
all juveniles. Otherwise, it 
restates the provisions of G.S. 
§ 7A-285. 



213 



" § 7A-571. Continuances . - The judge may continue at 
any time any case to allow additional factual evidence, social 
information or other information needed in the best interest 
of the juvenile or in the interest of justice. 

COMMENTARY 



A. Summary 

A case may be continued by a 
judge prior to or during an adjud- 
icatory hearing. 

B. Derivation 

G.S. § 7A-285. 

C. Relationship to Existing Law 

Some concern was expressed 
at allowing a case to be con- 
tinued once the court had be- 
gun receiving evidence. The 



judges, however, felt this provi- 
sion was necessary to insure 
justice and noted that there are 
times when a witness cannot finish 
testifying (i.e., an officer may 
be called to Superior Court) . The 
Committee concluded that in these 
cases, it should not be necessary 
for the court to declare a mistrial; 
continuance should be permitted. 



214 



" § 7A- 572. Where Allegations of a Delinquent or Undis - 
ciplined Act are Admitted . - (1) A judge may accept an admis- 
sion from a juvenile only after first addressing him personally 
and 

(a) Informing him that he has a right to remain 
silent and that any statement he makes may be 
used against him; 

(b) Determining that he understands the nature of 
the charge ; 

(c) Informing him that he has a right to deny the 
allegations ; 

(d) Informing him that by his plea he waives his 
right to be confronted by the witnesses against 
him; 

(e) Determining that the juvenile, if represented by 
counsel, is satisfied with his representation; and 

(f) Informing him of the maximum possible sentence 
on the charge . 

(2) By inquiring of the prosecutor, the juvenile's attorney, 
and the juvenile personally, the judge shall determine whether 
there were any prior plea discussions, whether the parties have 
entered into any arrangement with respect to the plea and the 
terms thereof, and whether any improper pressure was exerted. 
The judge may accept an admission from a juvenile only after de- 
termining that the admission is a product of informed choice. 



215 



(3) The judge may accept an admission only after deter- 
mining that there is a factual basis for the admission. This 
determination may be based upon any of the following informa- 
tion: a statement of the facts by the prosecutor; a written 
statement of the juvenile; sworn testimony which may include 
reliable hearsay; or a statement of facts by the juvenile's 
attorney. 

COMMENTARY 



A. Summary 

A judge may not accept an ad- 
mission from a juvenile without 
first informing him of his right 
to remain silent and that any 
statement he makes may be used 
against him. He must ascertain 
that the juvenile understands the 
nature of the charge and his right 
to deny the allegation. The juve- 
nile must also be informed that by 
his plea, he waives his right to 
be confronted by the witnesses 
against him. The judge must de- 
termine that the juvenile is 
satisfied with his representa- 
tion if represented by counsel 
and must inform the juvenile of 
the maximum punishment for the 
offense alleged. 

The judge may not accept an 
admission without first determin- 
ing that there is a factual basis 
for the admission. The informa- 
tion on the factual basis may come 
from the statement of facts either 
by the prosecutor and/or by the 
juvenile's attorney, a written 
statement by the juvenile, or 
sworn testimony. 



B. Derivation 

G.S. § 15A-1022; In Matter 
of Craig Allen Arthur , 27 N.C. 
App. 227 (1975); IJA/ABA Stand- 
ards, Adjudication 3.2; Standard 
1.4 of American Bar Association 
Standards for Criminal Justice : 
Pleas of Guilty (Approved Draft 
1968); Rule 11, Federal Rules of 
Criminal Procedure ; In re Chavis , 
31 N.C. App. 579 (1976); In Mat- 
ter of Johnson , 232 S.E. 2d 486 
(March 2, 1977) . 

C. Relationship to Existing Law 

This section codifies North 
Carolina case law which speaks of 
"fundamental fairness." The ex- 
tent to which juveniles are en- 
titled to the same procedural 
protections as adults when an 
admission is made in court is 
questionable as a result of a 1978 
case, Beasley v. Illinois . The 
United States Supreme Court re- 
fused to hear a case involving a 
ruling by the Illinois Supreme 
Court upholding the state court 
practice of accepting admissions 
of guilt without explaining char- 
ges or determining if the admission 



216 



is made intelligently and voluntar- 
ily. The case involved two juve- 
niles who were confined after in- 
court admissions to burglary and 
robbery. 

The North Carolina Court of 
Appeals, however, has required 
that a transcript of plea be made 



a part of the record in delinquency 
proceedings (See In Matter of 
Johnson ; In re Chavis ) . The pro- 
posed section insures that juve- 
niles have the same procedural 
protections as adults upon making 
an in-court admission. 



217 



" § 7A-573. Rules of Evidence . - (1) Where delinquent or 
undisciplined behavior is alleged and the allegation is denied, 
the court shall proceed in accordance with the rules of evi- 
dence applicable to criminal cases. In addition, no statement 
made by a juvenile to the intake counselor during the prelimi- 
nary inquiry and evaluation process shall be admissible against 
the juvenile prior to the dispositional hearing. 

(2) Where the juvenile is alleged to be abused, neglected 
or dependent, the rules of evidence in civil cases shall apply. 

COMMENTARY 



A. Summary 

If the allegation is denied, 
the court will hear evidence in 
accordance with rules of evidence 
applicable to criminal cases where 
the juvenile is alleged to be 
delinquent or undisciplined and 
civil cases where he is alleged to 
be abused, neglected or dependent. 
A statement made by the juvenile 
to the intake counselor during the 



intake process shall not be ad- 
missible against him until after 
adjudication Is completed. 

B. Derivation*. 

IJA/ABA Standards, Adjudi - 
cation 4.2; Rule 25 of the Model 
Rules for Juvenile Courts ; HEW 
Model Acts , Sections 28 and 32. 

C. Relationship to Existing Law 

This section reflects 
both interpretation of case law 
and traditional practices. 



218 



" § 7A-574. Quantum of Proof in Adjudicatory Hearing . - 
The allegations of a petition alleging the juvenile is delin- 
quent shall be proved beyond a reasonable doubt. The allega- 
tions in a petition alleging abuse, neglect, dependence, or 
undisciplined behavior shall be proved by clear and convincing 
evidence . 

COMMENTARY 



A. Summary 

The trier of facts must be 
satisfied beyond a reasonable 
doubt in delinquency proceedings 
and by clear and convincing evi- 
dence in proceedings wherein 
abuse, neglect, dependence , or 
undisciplined behavior have been 
alleged. 

B. Derivation 

In re Winship , 397 U.S. 
285 (1969); In re Walker , 282 
N.C. 28 (1972); In re Burrus 
275 N.C. 517 (1969); IJA/ABA 
Standards, Adjudication 4.3. 



C. Relationship to Existing Law 

This section codifies exist- 
ing case law as well as infer- 
ences arising from case holdings, 



219 



" § 7A-575. Record of Proceedings . - All adjudicatory and 
dispositional hearings and hearings on transfer to Superior 
Court shall be recorded by stenographic notes or by elect- 
ronic or mechanical means. The judge may order that other hear- 
ings be recorded. 

COMMENTARY 



A. Summary 

All adjudicatory, dispo- 
sitional, and transfer hear- 
ings must be recorded by steno- 
graphic notes or by electronic 
or mechanical means. The judge 
may order other hearings (i.e. , 
custody, emancipation, termina- 
tion of parental rights, etc.). 

B. Derivation 

HEW Model Acts , Section 29. 

C. Relationship to Existing Law 

Present North Carolina G.S. 
§ 7A-285 dictates that report- 
ing of juvenile cases be governed 
by G.S. § 7A-198, which regulates 



reporting of civil cases. That 
statute requires that court 
reporting personnel shall be used 
if available. If not available, 
the Administrative Office of the 
Courts shall provide electronic 
or other mechanical devices for 
recording the proceedings if 
such devices are requested by 
the Chief District Judge. The 
statute also allows waiver of 
reporting with the consent of all 
parties. 

The proposed statute would 
require some record - either 
recorded by mechanical means or 
stenographic notes - for all 
adjudicatory, dispositional, or 
transfer hearings. 



220 



" § 7A-576. Adjudication . - If the judge finds that the 
allegations in the petition have been proved as provided in 
G.S. § 7A-574, he shall so state. If the judge finds that the 
allegations have not been proven, he shall dismiss the petition 
with prejudice and the juvenile shall be released from secure 
or nonsecure custody. 

COMMENTARY 



A. Summary 

A juvenile petition shall be 
dismissed and may not be filed 
again if the court finds ~hat the 
allegations have not been proven 
and the juvenile shall be released 
from detention or shelter care. 

B. Derivation 

This section is derived 
from G.S. § 7A-285 and applicable 
case law; In Matter of Drakeford , 
230 S.E. 2d 779, 32 N.C. App. 113 
(1977). 



C. Relationship to Existing Law 

Under civil practice and 
procedure, the principle of res 
judicata precludes bringing an- 
other case following trial on 
the merits. The constitutional 
prohibition against double jeo- 
pardy stated in G.S. § 7A-561 
requires dismissal as provided 
in this section if the allega- 
tions have not been proved. 
This section clarifies the lan- 
guage of G.S. § 7A-285 to pro- 
hibit the filing of another pe- 
tition where the allegations 
have not been proven. 



221 



" § 7A-577. Legal Effect of Adjudication of Delinquency . 
An adjudication that a juvenile is delinquent or commitment of 
a juvenile to the Division of Institutional Services shall 
neither be considered conviction of any criminal offense nor 
cause the juvenile to forfeit any citizenship rights. 

COMMENTARY 



A. Summary 

An adjudication of delinquency 
or commitment to the Division of 
Institutional Services shall not be 
considered a conviction of a crimi- 
nal offense or forfeit any of the 
juvenile's citizenship rights such 
as the right to vote or hold office. 
Any juvenile transferred to Superior 
Court for trial as an adult, who is 
convicted of a felony and committed 
to the Department of Correction has 
all citizenship rights automatically 
restored upon his final discharge 



under G.S. § 13-1. 

B. Derivation 

This section is taken from 
current G.S. § 134A-23. 

C. Relationship to Existing Law 

The proposed section does 
not change current law. 



- 



222 



" § 7A-578. Predisposition Investigation and Report . - 
The judge shall proceed to the dispositional hearing upon re- 
ceipt of sufficient social, medical, psychiatric, psychological, 
and educational information. No predisposition report shall be 
submitted to or considered by the judge prior to the completion 
of the adjudicatory hearing. The judge shall permit the juve- 
nile to inspect any predisposition report to be considered by 
him in making his disposition. Opportunity to offer evidence 
in rebuttal shall be afforded the juvenile and his parent, guard- 
ian, or custodian at the dispositional hearing. The judge may 
order counsel not to disclose parts of the report to the juve- 
nile's parent, guardian, or custodian if the judge finds that 
disclosure would seriously harm the treatment or rehabilitation 
of the juvenile or would violate a promise of confidentiality 
given to a source of information. 

COMMENTARY 



A. Summary 

Upon receiving the social, 
medical, psychiatric, psycholo- 
gical and educational information 
needed to develop a disposition, 
the court shall proceed to the 
dispositional hearing. This 
information may be provided 
by, but is not limited to, the 
report of the intake counse- 
lor. No report shall be con- 
sidered by the court before 



completion of the adjudicatory 
hearing. Any predisposition 
report considered in making the 
disposition may be inspected by 
the juvenile and his parent or 
guardian; and they shall have 
the opportunity to offer evi- 
dence in rebuttal at the dis- 
positional hearing. Under 
limited circumstances, the 
court may restrict access to 
the report; however, counsel 
would have access prior to the 



223 



conduct of the dispositional 
hearing under all circumstances. 

B. Derivation 

G.S. § 7A-285 and G.S. § 7A- 
286; HEW Model Acts , Section 32(e). 

C. Relationship to Existing Law 

Present statutes permit but 
do not require the judge to delay 
disposition until information en- 



abling him to make a more intel- 
ligent disposition can be obtained, 
This section allows time for the 
court to obtain information needed 
to proceed to disposition. It 
codifies existing practice that 
the court may not receive any form 
of social information prior to the 
dispositional hearing. It further 
mandates current practice that any 
report reviewed by the court shall 
be available to the juvenile's 
counsel for inspection, and the 
opportunity for rebuttal shall 
be afforded. 



224 



" § 7A-579. Dispositional Hearing . - The dispositional 
hearing may be informal, and the judge may consider written re- 
ports or other evidence concerning the needs of the juvenile. 
The juvenile and his parent, guardian, or custodian shall have 
an opportunity to present evidence, and they may advise the 
judge concerning the disposition they believe to be in the 
best interest of the juvenile. 

COMMENTARY 



A. Summary 

The dispositional hearing is 
an informal proceeding, allowing 
the court to consider written 
reports or other evidence in deter- 
mining the best disposition. The 
section also assures that the ju- 
venile and his parent, guardian, 
or custodian have a chance to pre- 
sent evidence and provide input 
for the court's dispositional 
order. 



B. Derivation 

This section is based on G.S. 
§ 7A-285. 

C. Relationship to Existing Law 

The proposed section is iden- 
tical to wording in G.S. § 7A-285 
in the last of the fourth para- 
graph and the fifth paragraph. 
They have been pulled together into 
a separate smaller section for 
clarity and easy reference. 



225 



"Article 52. Dispositions. 

" § 7A-580. Purpose . - The purpose of dispositions in 
juvenile actions is to design an appropriate plan to meet 
the needs of the juvenile and to achieve the objectives of 
the State in exercising jurisdiction. If possible, the 
initial approach should involve working with the juvenile and 
his family in their own home so that the appropriate community 
resources may be involved in care, supervision, and treatment 
according to the needs of the juvenile. Thus, the judge 
should arrange for appropriate community- level services to be 
provided to the juvenile and his family in order to strengthen 
the home situation. 

In choosing among statutorily permissible dispositions 
for a delinquent juvenile, the judge shall select the least 
restrictive disposition both in terms of kind and duration, 
that is appropriate to the seriousness of the offense, the 
degree of culpability indicated by the circumstances of the 
particular case and the age and prior record of the juvenile. 
A juvenile should not be committed to training school or to 
any other institution if he can be helped through community- 
level resources. 



226 



COMMENTARY 



A. Summary 

The purpose of a disposition is 
to meet the needs of the child and 
the objectives of the State. Unless 
the situation will not allow the 
child to remain with his family, the 
first approach should focus on work- 
ing with the child and his family 
where community resources can assist 
in the program, The judge should 
first attempt to stabilize the home 
situation. 

In choosing a disposition for 
a delinquent juvenile, the court 
should select the least restrictive 
type and length of disposition appro- 
priate to the seriousness cf the 
offense. The court should also con- 
sider the culpability indicated by 
the particular case and the age and 
prior record, if any, of the juve- 
nile. A juvenile should not be 
committed to training school if he 
can receive help in his community. 

B. Derivation 

This section is based on cur- 
rent North Carolina G.S. § 7A-286 
(4), IJA/ABA Standards, Dispositions , 
2.1; and the National Institute for 
Juvenile Justice and Delinquency Pre- 
vention, Report of the Advisory 
Committee on Standards for the 
Administration of Juvenile Justice , 
Standard 3.182. 

C. Relationship to Existing Law 

Under present law, the judge 
should choose "the disposition which 
provides for the protection, treat- 
ment, rehabilitation, or correction 
of the child after considering the 
factual evidence, the needs of the 
child, and the available resources" 



(G.S. § 7A-286). The Committee 
has retained and endorses that 
part of § 7A-286 which encourages 
treatment involving the whole 
family. It is the feeling of 
the Committee that the aim of the 
juvenile court is twofold: to 
help each juvenile become a re- 
sponsible, healthy citizen and to 
protect the community. While 
these interests sometimes conflict, 
in the long run they frequently 
complement each other. This sec- 
tion articulates the principle 
that a juvenile is more likely 
to become a responsible citizen 
in a less restrictive situation 
provided that this is balanced by 
the safety of the public. 

The proposed section is in- 
tended to set the tone for the 
judges' dispositional decision. 
The latter part is a new section, 
but the principle is not incon- 
sistent with the purpose of the 
juvenile court contained in G.S. 
§ 7A-277. The section is also 
in agreement with the language 
of Mr. Justice Brennan in his 
concurring opinion in Furman v. 
Georgia , 408 U.S. 238 (1972): 

"... a severe punishment 
must not be excessive. A 
punishment is excessive 
under this principle if it 
is unnecessary. The in- 
fliction of a severe pun- 
ishment by the State can- 
not comport with human 
dignity when it is nothing 
more than the pointless in- 
fliction of suffering. If 
there is a significantly 
less severe punishment ade- 
quate to achieve the purposes 
for which the punishment is 



227 



inflicted... the punishment 
inflicted is unnecessary and 
therefore excessive." (408 
U.S. at 279) 



" § 7A-581. Dispositional Alternatives for the Delinquent, 
Undisciplined, Abused, Neglected, or Dependent Juvenile . - The 
following alternatives for disposition shall be available to 
any judge exercising jurisdiction, and the judge may combine 
any two of the applicable alternatives when he finds such dis- 
position to be in the best interest of the juvenile: 

(1) The judge may dismiss the case, or continue 
the case in order to allow the juvenile, parent, or 
others to take appropriate action. 

(2) In the case of any juvenile who needs more 
adequate care or supervision or who needs placement, 
the judge may: 

(a) Require that he be supervised in his 
own home by the Department of Social Services in 
his county, a court counselor or other personnel 
as may be available to the court, subject to 
conditions applicable to the parent or the juvenile 
as the judge may specify; or 

(b) Place him in the custody of a parent, 
relative, private agency offering placement ser- 
vices, or some other suitable person; or 



228 



(c) Place him in the custody of the Department 
of Social Services in the county of his residence, 
or in the case of a juvenile who has legal residence 
outside the State, in the physical custody of the 
Department of Social Services in the county where 
he is found so that agency may return the juvenile 
to the responsible authorities in his home state. 
Any Department of Social Services in whose custody 
or physical custody a juvenile is placed shall 
have the authority to arrange for and provide medical 
care as needed for such juvenile. 
(3) In any case, the judge may order that the 
juvenile be examined by a physician, psychiatrist, or 
psychologist as may be needed for the judge to determine 
the needs of the juvenile. If the judge finds the 
juvenile to be in need of medical, surgical, psychiatric, 
psychological or other treatment, he shall allow the 
parent or other responsible persons to arrange for care. 
If the parent declines or is unable to make necessary 
arrangements, the judge may order the needed treatment, 
surgery or care, and the judge may order the parent to 
pay the cost of such care pursuant to G.S. § 7A-584. 
If the judge finds the parent is unable to pay the cost 
of care, the judge may charge the cost to the county. 
If the judge believes, or if there is evidence presented 
to the effect that the juvenile is mentally ill or is 



229 



mentally retarded the judge shall refer him to the area 
mental health director or local mental health director 
for appropriate action. A juvenile shall not be com- 
mitted directly to a State hospital or mental retardation 
center; and orders purporting to commit a juvenile 
directly to a State hospital or mental retardation center 
except for an examination to determine capacity to proceed 
shall be void and of no effect. The area mental health 
director or local mental health director shall be respon- 
sible for arranging an interdisciplinary evaluation of 
the juvenile and mobilizing resources to meet his needs. 
If institutionalization is determined to be the best ser- 
vice for the juvenile, admission shall be with the voluntary 
consent of the parent or guardian. If the parent, guardian, 
or custodian refuses to consent to a mental hospital or 
retardation center admission after such institutionaliza- 
tion is recommended by the area mental health director, 
the signature and consent of the judge may be substituted 
for that purpose. In all cases in which a regional mental 
hospital refuses admission to a juvenile referred for admis- 
sion by a judge and an area mental health director or dis- 
charges a juvenile previously admitted on court referral 
prior to completion of his treatment, the hospital shall 
submit to the judge a written report setting out the reasons 
for denial of admission or discharge and setting out the 
juvenile's diagnosis, indications of mental illness, 



230 



indications of need for treatment, and a statement as to 
the location of any facility known to have a treatment 
program for the juvenile in question. 



COMMENTARY 



A. Summary 

The court may select: any of the 
following dispositions for the juve- 
nile found to be delinquent, undisci- 
plined, abused, neglected, or depen- 
dent: 

(1) Dismiss the case if the 
child is not in need of more ade- 
quate supervision or continue the 
case so- the family can work out a 
solution to the problem. 

(2) Place the child in custody 
of a parent, relative, private agency 
or others that the court has deter- 
mined are suitable for the super- 
vision by a protective services work- 
er or court counselor. 

(3) Place the child in custody 
of the Department of Social Services 
in the county of his residence. If 
the child is not from North Carolina, 
he may be temporarily placed in the 
custody of the county Department of 
Social Services where he is found. 

(A) Order an examination by a 
physician, psychologist, or psychia- 
trist, the child is ir. need of 
care or treatment, the court may 
allow or order such treatment. If 
the judge finds it necessary, he may 
order the child evaluated by the 
local or area mental health director, 
but he may not commit the child to 
a mental health hospital or retarda- 
tion center unless the parents con- 
sent or the only alternative is 
commitment to training school. 



If a mental health hospital 
discharges a committed juvenile, 
it must notify the judge of its 
reasons including a statement of 
the type of treatment that the ju- 
venile needs and where he may re- 
ceive it. 

B. Derivation 

This section is based pri- 
marily on G.S. § 7A-286 (2); IJA/ 
ABA Standards, Standards Relating 
to Abuse and Neglect , 7.1; and 
G.S. § 7A-286 (6). 

C. Relationship to Existing Law 

The proposed section allows es- 
sentially the same dispositional al- 
ternatives currently authorized by 
North Carolina law. However, it 
attempts to generate information 
which will allow the judge to 
evaluate mental health programs 
available and to assist agencies in 
determining what programs should be 
created to serve those juveniles 
who currently fall through the gaps 
in treatment. 



231 



" § 7A-582. Dispositional Alternatives for Delinquent 
or Undisciplined Juvenile . - In the case of any juvenile who 
is delinquent or undisciplined, the judge may: 

(1) Continue the case for no more than six months 
in order to allow the family an opportunity to meet the 
needs of the juvenile through more adequate home super- 
vison, through placement in a private or specialized school 
or agency, through placement with a relative, or through 
some other plan approved by the court; 

(2) Place the juvenile under the protective super- 
vision of a court counselor for no more than one year so 
that the court counselor may assist the juvenile in 
securing social, medical, and educational services and 
may work with the family as a unit to insure the juvenile 
is provided proper supervision and care; 

(3) Excuse the juvenile from compliance with the 
compulsory school attendance law when the judge finds 
that suitable alternative plans can be arranged by the 
family through other community resources for one of the 
following: an education related to the needs or abilities 
of the juvenile including vocational education or special 
education; a suitable plan of supervision or placement; 

or some other plan that the judge finds to be in the best 
interest of the juvenile. 



232 



COMMENTARY 



A. Summary 

When a juvenile is adjudicated 
to be delinquent or undisciplined, 
the judge may: 

(1) Continue the case to allow 
the family a chance to meet the 
needs of the juvenile through more 
adequate supervision or some other 
approved plan; 

(2) Place the juvenile under 
protective supervision for no more 
than one year subject to such con- 
ditions as the judge finds necessary, 
under the supervision of a court 
counselor; 

(3) Excuse the juvenile from 
compliance with the compulsory 
school attendance law, provided he 
finds suitable alternative plans, 
such as vocational education or a 
plan of supervision. 



C. Relationship to Existing Law 

The proposed section both ex- 
pands the dispositional options 
and clarifies some that are already 
available. 

Subsection (1) is taken from 
G.S. § 7A-286 (4) (a) but limits 
a continuance to six months. 

Subsection (2) is based on 
St. Louis's National Juvenile Law 
Center Model Code and provides for 
protective supervision which in 
cases of undisciplined behavior 
may be more desirable than proba- 
tion since the ultimate sanction 
of training schools is not allowed 
for undisciplined juveniles who 
violate probation conditions by 
committing an undisciplined act. 

Subsection (3) is taken from 
G.S. § 7A-286 (4) (c) . 



B. Derivation 

This section is based on G.S. 
§ 7A-286 (4) . 



233 



" § 7A-583. Dispositional Alternatives for Delinquent 
Juvenile . - In the case of any juvenile who is delinquent, the 
judge may: 

(1) Suspend imposition of a more severe, statuto- 
rily permissible disposition with the provision that the 
juvenile meet certain conditions agreed to by him and 
specified in the dispositional order. The conditions 
shall not exceed the maximum criminal sanction permis- 
sible for the offense; 

(2) Require restitution, full or partial, payable 
within a twelve month period to any person who has 
suffered loss or damage as a result of the offense com- 
mitted by the juvenile. The judge may determine the 
amount, terms, and conditions of the restitution. If 
the juvenile participated with another person or persons, 
all participants should be jointly and severally respon- 
sible for the payment of restitution; however, the judge 
shall not require the juvenile to make restitution if the 
juvenile satisfies the court that he does not have, and 
could not reasonably acquire, the means to make restitu- 
tion; 

(3) Impose a fine related to the seriousness of 
the juvenile's offense. If the juvenile has the ability 
to pay the fine, it shall not exceed the maximum fine for 
the offense if committed by an adult; 



234 



(4) Order the juvenile to perform supervised com- 
munity service consistent with the juvenile's age, skill, 
and ability, specifying the nature of the work and the 
number of hours required. The work shall be related to 
the seriousness of the juvenile's offense and in no 
event may the obligation to work exceed twelve months; 

(5) Order the juvenile to a supervised day program, 
requiring him to be present at a specified place for all 
or part of every day or of certain days. The judge also 
may require the juvenile to comply with any other reason- 
able conditions specified in the dispositional order that 
are designed to facilitate supervision; 

(6) Order the juvenile to a community-based program 
of academic or vocational education or to a professional 
residential or nonresidential treatment program. Parti- 
cipation in the programs shall not exceed twelve months; 

(7) Impose confinement on an intermittent basis in 
an approved detention facility. Confinement shall be 
limited to: 

(a) Night custody for no more than five nights; 

(b) Weekend custody for no more than two 
weekends ; 

(8) Place the juvenile on probation under the super- 
vision of a court counselor. The judge shall specify 
conditions of probation that are related to the needs of 
the juvenile including: 



235 



(a) That the juvenile shall remain on good 
behavior and not violate any laws; 

(b) That the juvenile attend school regularly; 

(c) That the juvenile not associate with 
specified persons or be in specified places; 

(d) That the juvenile report to a court counselor 
as often as required by a court counselor; 

(e) That the juvenile make specified financial 
restitution or pay a fine in accordance 
with subsections (2) and (3) ; 

(f) That the juvenile be employed regularly if 
not attending school. 

An order of probation shall remain in force for a period 
not to exceed one year from the date entered. Prior to 
expiration of an order of probation, the judge may 
extend it for an additional period of one year after a 
hearing if he finds that the extension is necessary to 
protect the community or to safeguard the welfare of the 
juvenile : 

(9) Order that the juvenile shall not be licensed to 
operate a motor vehicle in the State of North Carolina for 
as long as the court retains jurisdiction over the juve- 
nile or for any shorter period of time; 

(10) Commit the juvenile to the Division of Institu- 
tional Services in accordance with G.S. § 7A-586. 



236 



COMMENTARY 



A. Summary 

When a juvenile is adjudicated 
to be delinquent, the judge may: 

(1) Suspend imposing a more 
severe disposition with the provi- 
sion that the juvenile meet certain 
conditions. Such conditions shall 
not exceed the maximum criminal 
sanction permissible for the offense; 

(2) Require full or partial 
payment, within a twelve month pe- 
riod, to those who have suffered 
damage as a result of the offense. 
The court may determine the terms 
of the restitution and shall not 
require the juvenile to pay the 
restitution if he satisfies the 
court that he does not have or 
could not acquire the means to 
pay it; 

(3) Impose a fine related to 
the seriousness of the offense and 
the juvenile's ability to pay such 

.fine. The fine shall not exceed 
the maximum fine for the offense 
by an adult; 

(4) Order the juvenile to 
perform supervised community ser- 
vice specifying the nature of the 
work and the number of hours re- 
quired. The duty to work may not 
exceed twelve months and must be 
related to the seriousness of the 
offense. 

(5) Order the juvenile to a 
supervised day program; 

(6) Order the juvenile to par- 
ticipate in a community-based program, 
The duration shall not exceed the 
maximum time permissible for the 
offense by an adult. This provision 
would not violate federal funding 



guidelines or licensing guidelines 
in that the court would not be 
ordering the community-based pro- 
gram to accept the child; 

(7) Impose intermittent con- 
finement in an approved detention 
facility which includes night 
custody for no more than five nights 
or custody for two weekends; 

(8) Place the juvenile on 
probation for not more than one 
year subject to conditions of pro- 
bation specified by the court; 

(9) Delay the juvenile's ob- 
taining a driver's license; 

(10) Commit the juvenile to 
the Division of Institutional 
Services. 

B. Derivation 

This section is based on G.S. 
§ 7A-286 and G.S. § 110-22; also 
IJA/ABA Standards, Dispositions , 
3.2A, 3.2B.1., 3.2B.2., 3.2B.3., 
3.2C.2., 3. 2D., 3. 3D., and 5.3; 
National Juvenile Law Center Model 
Code , Section 17 (2) (c) . 

C. Relationship to Existing Law 

Subsection (1) is based on 
IJA/ABA Dispositions Standard 3.2A. 
It is designed to allow the juve- 
nile interested in participation 
in a treatment program or vocation- 
al training, making restitution to 
the victim, or in performing com- 
munity work to formulate and carry 
through plans for such activities. 
At the same time, the juvenile is 
aware of the seriousness of his 
conduct and the consequences of 



237 



failure to comply with court ordered 
conditions. 

Subsections (2) , (3) , and (8) are 
based on G.S. § 110-22 but have been 
expanded to more clearly define the 
procedures and limits involved. 

Subsections (4), (5) r and (6) are 
based on IJA/ABA recommendations and 
are designed as alternatives to more 
restrictive dispositions. They are 
intended to assure the protection of 
the community by keeping the juvenile 
under closer supervision while allow- 
ing the juvenile the opportunity to 



acquire education, practical skills, 
and a sense of responsibility and 
self -worth. 



Subsection (9) is a new sec- 



tion, 



Subsection (10) is taken from 
G.S. § 7A-286 (4). 



!t § 7A-584. Authority over Parents of Juvenile Adjudicated 
As Delinquent, Undisciplined, Abused, Neglected, or Dependent . - 

(1) If the judge orders medical, surgical, psychiatric, 
psychological, or other treatment pursuant to G.S. § 7A-581 (3), 
the judge may order the parent or other responsible parties to 
pay the cost of the treatment or care ordered. 

(2) The judge may order the parent to provide transpor- 
tation for a juvenile to keep an appointment with a court 
counselor . 

(3) The judge may order the parent's participation in 
an evaluation or diagnostic process. 

(4) The judge may order the parent's participation in any 
treatment program recommended by a licensed psychologist or 
psychiatrist . 

(5) Whenever legal custody of a juvenile is vested in 
someone other than his parent, after due notice to the parent 



238 



and after a hearing, the judge may order that the parent pay 
a reasonable sum that will cover in whole or in part the sup- 
port of the juvenile after the order is entered. If the 
judge places a juvenile in the custody of a county Department 
of Social Services and if the judge finds that the parent is 
unable to pay the cost of the support required by the juvenile, 
zhe cost shall be paid by the county Department of Social Ser- 
vices in whose custody the juvenile is placed, provided the ju- 
venile is not receiving care in an institution owned or operated 
by the State or federal government or any subdivision thereof. 

(6) Failure of a parent who is personally served to partici- 
pate in or comply with subsections (1) through (5) may result in 

a civil proceeding for contempt. A parent's wilful failure or 
refusal to participate in or comply with subsections (1) through 
(5) may also result in an order for contempt being filed, which 
order shall have the effect of a civil judgment. 

(7) Information received from a parent by a physician, psy- 
chiatrist, psychologist, or other therapist pursuant to this 
section is a privileged communication subject to waiver by the 
parent but not subject to disclosure to the court over objec- 
tion of the parent. Information received from a juvenile by a 
physician, psychiatrist, psychologist, or other therapist pur- 
suant to this section is not a privileged communication and is 
subject to disclosure to the judge. A written report of diag- 
nosis, prognosis, and recommendation for a juvenile prepared 
pursuant to this section is subject to disclosure to the judge 



239 



notwithstanding that the report is based in part on conclusions 
arising out of privileged communications from a parent. The re- 
port shall not set out the specific information or communication 
received by the writer from a parent on which the conclusions 
are based. The report shall be admissible in evidence but the 
right of a juvenile or a parent to confront and cross-examine 
witnesses shall not be denied. 

COMMENTARY 



A. Summary 

If the judge orders treatment 
for a juvenile by a physician or 
other professional person, he may 
order the parents to pay the cost 
of the treatment. 

The court may order the par- 
ents to provide transporation for 
the juvenile to see the court 
counselors. 

The court may order the par- 
ents to receive treatment in any 
program recommended by a licensed 
psychologist or psychiatrist. 

Whenever a child is in the 
legal custody of someone other 
than his parents, after notice 
to the parents and a hearing, 
the court may order the parents 
to pay part or all of the support 
of the child. The court may pro- 
ceed against the parents for con- 
tempt if they refuse to pay this 
support. The county shall pay 
for the cost if the court finds 
the parents are unable to do so. 



Information received by a 
psychologist or psychiatrist is 
privileged and may not be dis- 
closed without the consent of 
that parent. Information re- 
ceived from a child, however, 
must be disclosed to the court 
upon order of the court. 

The court may issue an 
order for contempt if the par- 
ents fail to comply with any of 
the above. 

B. Derivation 

This section is based on G.S. 
§ 7A-286 and HEW Model Acts , 
Section 43. 

C. Relationship to Existing Law 

The proposed section has its 
basis in current North Carolina 
law but goes further in giving the 
court authority to require a 
child's parents to accept their 
responsibilities when their child 
appears in court. 



240 



Subsection (1) of the proposed 
statute is based on G.S. § 7A-286 
(6). 

Subsections (2), (3), and (4) 
reflect the belief of the Committee 
that in many instances tha coopera- 
tion of the whole family is essential 
to the resolution of whatever problem 
brought the child to the attention of 
the court. These subsections allow 
the judge to exercise discretion to 
order the involvement of the parents. 

Subsection (5) is based on G.S. 
§ 7A-286 (2) and Section 43 of HEW 
Model Acts. 



This section sets out criteria 
with regard to the disclosure of 
information given by a parent or 
a child to a licensed psychologist 
or psychiatrist. 

The court will be able to 
rely on its contempt powers to 
enforce orders under this section, 
or the court may file an order 
which shall have the effect of a 
civil judgment. 



" § 7A-585. Dispositional Order . - The dispositional 
order shall be in writing and shall contain appropriate find- 
ings of fact and conclusions of law. The judge shall state 
with particularity, both orally and in the written order of 
disposition, the precise terms of the disposition including 
the kind, duration and the person who is responsible for 
carrying out the disposition and the person or agency in 
whom custody is vested. 

COMMENTARY 



A. Summary 

The court order shall be in writ- 
ing in all cases and shall include 
findings of fact and conclusions of 
law. The judge shall state crally 
and in the written order the precise 
terms of the disposition. This must 
include the nature and length of the 



disposition and the person or agency 
who is responsible for carrying it 
out. 



3. 



Derivation 



This section is based on G.S. 
§ 7A-285. 



241 



C. Relationship to Existing Law 

The proposed section is sim- involved fully understand the 
ilar to existing law. It attempts outcome of the proceedings and 
to assure that all necessary in- their respective responsibilities. 

formation is contained in the dis- 
positional order so that all parties 



§ 7A-586. Commitment of a Delinquent Juvenile to the 
Division of Institutional Services. - (1) A delinquent juve- 
nile above ten years of age may be committed to the Division of 
Institutional Services for placement in one of the residential 
facilities operated by the Division if the judge finds that the 
alternatives to commitment as contained in G.S. § 7A-583 have 
been attempted unsuccessfully or are inappropriate and that 
the juvenile's behavior constitutes a threat to persons or 
property in the community. 

(2) Commitment shall be for: 

(a) An indefinite term not to exceed the eighteenth 
birthday of the juvenile; or 

(b) A definite term not to exceed two years if the 
judge finds that the juvenile is fourteen years 

of age, has been previously adjudicated delinquent 
for two or more felony offenses, and has been 
previously committed to a residential facility 
operated by the Division of Institutional Ser- 
vices. The Division may reduce the duration 
of the definite commitment by an amount not to 
exceed 25 percent if the juvenile has not com- 



242 



mitted any major infractions of the regulations 
of any facility to which he is assigned, and 
the Division of Institutional Services may 
move for a reduction of more than 25 percent 
pursuant to G.S. § 7A-593. 

(3) In no event shall commitment be for a period of 
time in excess of that period for which an adult could be 
committed. 

(4) The Chief Court Counselor shall have the responsi- 
bility for transporting the juvenile to the residential facil- 
ity designated by the Division of Institutional Services. The 
juvenile shall be accompanied to the residential facility by a 
person of the same sex. 

(5) The Division of Institutional Services shall accept 
all juveniles who have been committed for delinquency if the 
Assistant Director finds that the criteria specified in this 
section have been met. A commitment order accompanied by 
information requested by the Assistant Director shall be 
forwarded to the Division. The Assistant Director shall place 
the juvenile in the residential facility that would best provide 
for his needs and shall notify the committing court. The Assis- 
tant Director may transfer a committed juvenile to any residen- 
tial facility operated by the Division. 

(6) When the judge commits a juvenile to the Division 

of Institutional Services, the Assistant Director shall prepare 
a plan for care or treatment within fifteen days after assuming 
custody of the juvenile. 

243 



(7) Commitment of a juvenile to the Division of Institu- 
tional Services neither terminates the court's continuing 
jurisdiction rights over the juvenile and his parent or guardian 
nor transfers legal custody to the Division. 

COMMENTARY 



A. Summary 

Subsections (1) and (2) give 
the court the authority to commit a 
juvenile over 10 years of age to the 
Division of Institutional Services for 
a definite or indefinite period pro- 
vided other alternatives are in- 
appropriate. The court must also 
find that the juvenile's behavior 
poses a threat to public safety. 
A definite commitment can only be 
ordered if the juvenile meets three 
specific criteria. The Division 
may reduce a definite commitment 
by no more than 25 percent. These 
sections would allow for commitment 
of a juvenile who has been adjudi- 
cated delinquent and has violated 
the terms of his probation by 
an undisciplined act, but would 
not allow for commitment of an 
undisciplined juvenile who has 
violated the terms of his proba- 
tion by an undisciplined act as 
commitment is allowed for delin- 
quents only. 

Subsection (3) limits the 
duration of a disposition to the 
period of time that an adult could 
be sentenced for the same conduct. 

Subsection (4) establishes the 
responsibility for transportation 
of a committed delinquent to a train- 
ing school. 



Subsection (5) requires that 
the training schools under the Office 
of Juvenile Justice accept juveniles 
where commitment criteria have been 
met. It sets out the authority of 
the Division with regard to assign- 
ment to a particular training school. 

Subsection (6) requires the 
Division to prepare a treatment plan 
for a committed juvenile. 

Subsection (7) provides that 
commitment of a juvenile to the legal 
custody of the Division does not 
terminate the court's continuing 
jurisdiction over the child and his 
parent or guardian, and does not 
affect legal custody over the child. 
If the juvenile is in the custody of 
the Department of Social Services when 
he is committed to training school, 
he is still in their custody when he 
returns. The custody has been simply 
interrupted as has been the custody 
of a parent. 

B. Derivation 

This section is based on current 
G.S. § 7A-286 (5); G.S. § 134A-18; 
G.S. § 134A-19; G.S. § 134A-20; and 
Oregon Statutes 419.507 (2) (3) and 
(f). 



244 



Relationship to Existing Law 



Subsections (1) and (2) are 
based on G.S. § 7A-286 (5). How- 
ever, the proposed subsections 
would limit commitment to the Divi- 
sion of Institutional Services to 
juveniles above ten years of age. 
The proposed subsections would also 
allow the court to impose a deter- 
minate sentence which could only 
be modified by order of the court. 
The Division is, however, given the 
option of a 25% reduction in time 
as an incentive for the child to 
obey the rules and regulations at 
any facility to which he is 
assigned. 

Subsection (3) is a new section, 



Subsection (6) is based on G.S. 
§ 134A-20. 

Subsection (7) is a new section 
designed to clarify responsibilities 
with respect to a juvenile committed 
to the Division of Institutional 
Services . 

The Committee considered re- 
quiring the Division of Institutional 
Services to send a copy of the treat- 
ment plan to the committing court; 
however, the costs of notification 
each time the plan was modified seemed 
prohibitive. The fact that a judge 
may request a copy of a treatment 
plan at any time was deemed sufficient, 



Subsection (4) is based on G.S. 
§ 134A-19. 

Subsection (5) is based on G.S. 
§ 134A-18. 



245 



" § 7A-587. Transfer Authority of Governor . - The Governor 
may order transfer of any person less than eighteen years of age 
from any jail, detention facility, training school, or penal 
facility to any other of these institutions in appropriate cir- 
cumstances. Prior to ordering a transfer, the Governor shall 
consult with appropriate officials of the juvenile and adult 
departments concerning the feasibility of transfer in terms of 
available space, staff, and suitability of program. 

Transfer by the Governor of an inmate, committed to the 
Department of Correction, to a residential program operated by 
the Division of Institutional Services shall not affect the 
duration of the sentence imposed or divest the probation-parole 
officer of his responsibility to supervise the inmate on release. 
Transfer by the Governor of a juvenile, committed to the Division 
of Institutional Services, to a facility of the Department of 
Correction shall not affect the conditions or duration of the 
dispositional order or divest the court counselor of his responsi- 
bility to supervise the juvenile on conditional release. 

COMMENTARY 



A. Summary 

The Governor may transfer any 
juvenile under 18 from any jail or 
other state facility to any other 
state facility, after consultation 
concerning available space, staff, 
and program suitability. Regard- 
less of transfers, the juvenile 
court counselor has the aftercare 



responsibility for those juveniles 
committed by the juvenile court. 
The adult probation-parole officer 
has the responsibility of super- 
vision for those juveniles com- 
mitted by Superior Court. 



246 



B. Derivation 

This section is taken from 
current G.S. § 134A-27. 



visory responsibilities of a ju- 
venile transferred from an adult 
institution to a juvenile facility 
or vice versa. 



C. Relationship to Existing Law 

This expands the Governor's 
authority under current law which 
only allows transfer from an adult 
institution to a juvenile facility, 
This section also clarifies super- 



The Committee did consider 
the constitutionality of trans- 
ferring a juvenile to a penal 
institution without providing him 
with a±l of the rights afforded 
adults. 



247 



" i 7A-588. Prerelease Planning . - The Assistant Director 
of the Division of Institutional Services shall be responsible 
for evaluation of the progress of each juvenile at least once 
every six months as long as the juvenile remains in the care 
of the Division. If the Assistant Director determines that a 
juvenile is ready for release, he shall initiate a prerelease 
planning process. The prerelease planning process shall be 
defined by rules and regulations of the Office of Juvenile Jus- 
tice, but shall include the following: 

(1) Written notification to the judge who 
ordered commitment ; 

(2) A prerelease planning conference shall be 
held involving as many as possible of the following: 
the juvenile, his parent, court counselors who have 
supervised the juvenile on probation or will super- 
vise him on aftercare, and staff of the facility 
that found the juvenile ready for release. The pre- 
release planning conference shall include personal 
contact and evaluation rather than telephonic noti- 
fication. 

COMMENTARY 



A. Summary 

The Division of Institutional 
Services shall be responsible for eval- 
uation of each juvenile at least once 
every six months. If the Division 



determines that the juvenile is 
ready for release, the Division 
shall start a prerelease plan- 
ning process with the parent and 



248 



committing court, which shall in- 
clude written notice to the com- 
mitting court and a conference 
involving personal contact among 
the juvenile, his parent, staff 
of the committing court, and staff 
from the institution or program to 
which the juvenile is committed. 

B. Derivation 

This section is based on cur- 
rent G.S. § 134A-31. 

C. Relationship to Existing Law 

The proposed section is very 
similar to current G.S. § 134A-31. 



The major change is a require- 
ment that the Division of Insti- 
tutional Services must notify 
the court in writing before they 
conduct the prerelease planning 
conference. The section also 
requires that the conference in- 
volve personal contact and not 
just telephone calls. 

Also G.S. § 13AA-31 (3) has 
been dropped, leaving guidelines 
for planning in this area to the 
Office of Juvenile Justice as an 
administrative responsibility. 



" § 7A-589. Conditional Release and Final Discharge . - 
The Division of Institutional Services shall release a juve- 
nile either by conditional release or by final discharge. 
The decision as to which type of release is appropriate shall 
be made by the Assistant Director based on the needs of the 
juvenile and the best interests of the State under rules 
and regulations governing release which shall be promulgated 
by the Office of Juvenile Justice, according to the following 
guidelines : 

(1) Conditional release is appropriate for a 
juvenile needing supervision after leaving the insti- 
tution. As part of the prerelease planning process, 
the terms of conditional release shall be set out in 
writing and a copy given to the juvenile, his parent, 
the committing court, and the court counselor who will 
provide aftercare supervision. 



249 



(2) Final discharge is appropriate when the juve- 
nile does not require supervision or is eighteen years 
of age. 



:OMMENTARY 



A. Summary 

The Division of Institutional 
Services may release a juvenile by 
conditional release or final dis- 
charge, based on the needs of the 
child and best interests of the 
state. Rules and regulations con- 
cerning this decision shall be form- 
ulated by the Office of Juvenile 
Justice. Conditional release should 
be used if the juvenile needs super- 
vision after leaving an institution. 

Final discharge should be used 
when the juvenile does not need super- 
vision or is 18 years of age. 



B. Derivation 

This section is taken from 
current G.S. § 134A-32. 

C. Relationship to Existing Law 

The proposed section would 
not change present law. 



250 



" § 7A-590. Revocation of Conditional Release . - If a 
juvenile does not conform to the terms of his conditional 
release, the court counselor providing aftercare supervision 
may make a motion for review in the court in the district 
where the juvenile has been residing during aftercare super- 
vision. The judge shall hold a hearing to determine whether 
there has been a violation. With respect to any hearing pur- 
suant to this section, the juvenile: 

(1) Shall have reasonable notice in writing of 
the nature and content of the allegations in the pe- 
tition, including notice that the purpose of the 
hearing is to determine whether the juvenile has vio- 
lated the terms of his conditional release to the 
extent that his conditional release should be revoked. 

(2) Shall be permitted to be represented by an 
attorney at the hearing. 

(3) Shall have the right to confront and cross- 
examine any persons who have made allegations against 
him. 

(4) May admit, deny, or explain the violation 
alleged and may present proof, including affidavits or 
other evidence, in support of his contentions. A 
record of the proceeding shall be made and preserved 
in the juvenile's record. 

If the judge determines that the juvenile has violated the 
terms of his conditional release, the judge may revoke the 



251 



conditional release or make any other disposition authorized 
by this Act. 

If the judge revokes the conditional release, the Chief 
Court Counselor shall have the responsibility for returning 
the juvenile to the facility specified by the Division of 
Institutional Services . 

COMMENTARY 



A. Summary 

If a juvenile on conditional 
release does not conform to the con- 
ditions of his release, a motion for 
review may be made in the court in 
the district where the juvenile has 
been residing. The court shall hold 
a hearing taking care to protect 
the juvenile's due process rights, 
to determine whether there has been 
a violation. If the court determines 
that the juvenile has violated the 
terms of his conditional release, 
the court may revoke his conditional 
release or make any other disposition 
authorized by statute in the best 
interests of the juvenile. If condi- 
tional release is revoked, the Chief 



Court Ccunselor shall make arrange- 
ments for the juvenile's return to 
the Division of Institutional Ser- 
vices . 

B. Derivation 

This section is taken from 
current G.S. § 13AA-33 and G.S. 
§ 7A-286.1. 

C. Relationship to Existing Law 

The proposed section would 
not change present law. 



252 



" § 7A-591. Review of Order Transferring Custody . - In 
any case where the judge removes custody from a parent or per- 
son standing in loco parentis because of neglect or abuse, 
the juvenile shall not be returned to said parent or person 
standing in loco parentis unless the judge finds sufficient 
facts to show that the juvenile will receive proper care and 
supervision . 

In any case where custody is removed from a parent, the 
judge shall conduct periodic reviews at intervals not ex- 
ceeding six months from the date entered to determine if 
the needs of the juvenile are being met and if the placement 
is in the juvenile's best interests. The Clerk of Superior 
Court shall maintain a file for the specific purpose of 
calendaring the case at the next session of court scheduled 
for the hearing of juvenile matters following the six months. 
Notification shall be sent to all parties by the Clerk at 
least fifteen days prior to the hearing. 

The judge, after making findings of fact, shall enter an 
order continuing the placement under review or providing for a 
different placement as is deemed to be in the best interest of 
the juvenile. If at any time custody is restored to a parent, 
the court shall be relieved of the duty to conduct periodic 
judicial reviews of the placement. 



253 



COMMENTARY 



A. Summary 

Once custody has been removed 
from a parent as a result of neglect 
or abuse, the juvenile cannot be 
returned until the judge finds facts 
which show that the child will receive 
proper care. 

If custody is removed from a 
parent, that decision must be reviewed 
every six months, at a hearing after 
notice to all parties. 

B. Derivation 

This section is based on G.S. 
§ 7A-286 (2). 



C. Relationship to Existing Law 

G.S. § 7A-286 (2) provides 
for a review each six months the 
first year and annually thereafter, 
This section requires reviews 
every six months throughout the 
period when custody is removed. 

Current law provides no pro- 
cedure for calendaring the review. 
This section clarifies the respon- 
sibilities in that regard. 



§ 7A-592. Probation Review . - The judge may review the 
progress of any juvenile on probation at any time during the 
period of probation or at the end of probation. The condi- 
tions or duration of probation may be modified only as pro- 
vided in this Act and only after there is notice and a hearing 
If a juvenile violates the conditions of his probation, he 
and his parent after notice, may be required to appear before 
the court and the judge may make any disposition of the 
matter authorized by this Act. At the end of or at any time 
during probation, the judge may terminate probation by written 
order upon finding that there is no further need for super- 
vision. The finding and order terminating probation may be 
entsred in chambers in the absence of the juvenile and may be 
based on a report from the court counselor or at the election 



254 



of the judge, it may be entered with the juvenile present after 
notice and a hearing. 



COMMENTARY 



A. Summary 

The court may review the case of 
a juvenile on probation at any time. 
The conditions of probation may be 
modified consistent with this Act 
after notice and a hearing. If, 
after notice and a hearing, the 
court finds that a juvenile has vio- 
lated the conditions of his probation, 
the court may make any disposition 
of the matter authorized by this 
Act. At the conclusion of or at any 
time during the probation period, 
the judge may terminate probation, 
with or without the presence of the 
juvenile. 



B. Derivation 

This section is based on 
G.S. § 110-22. 

C. Relationship to Existing Law 

The proposed section does not 
change current law. 



255 



"Article 53, 
"Modification and enforcement of dispositional orders; 
Appeals, 

" § 7A-593. A uthority to Modify or Vacate . - (1) Upon 
motion in the cause or petition, and after notice, the judge 
may conduct a review hearing to determine whether the order 
of the court is in the best interest of the juvenile, and 
the judge may modify or vacate the order in light of changes 
in circumstances or the needs of the juvenile. 

(2) In a case of delinquency, the judge may reduce the 
nature or the duration of the disposition on the basis that 
it exceeds the statutory maximum, was imposed in an illegal 
manner or is unduly severe with reference to the seriousness 
of the offense, the culpability of the juvenile, or the dis- 
positions given to juveniles convicted of similar offenses. 

(3) In any case where the judge finds the juvenile to 
be delinquent, undisciplined, abused, neglected, or dependent, 
the jurisdiction of the court to modify any order or disposi- 
tion made in the case shall continue during the minority of 
the juvenile or until terminated by order of the court. 

COMMENTARY 



A. Summary 

Upon motion, the judge may 
conduct a review hearing to de- 



termine if the order of the 
court is in the best interest 



256 



of the child. The court may modify 
or vacate a previous order if the 
needs or circumstances of the child 
have changed. If a child is adjudi- 
cated delinquent, undisciplined, 
abused, dependent, or neglected, the 
jurisdiction of the court to modify a 
dispositional order shall continue 
during the minority of the child 
or until terminated by the court. 



B, 



Derivation 



G.S. § 7A-286; IJA/ABA Stan- 
dards, Dispositions , 5.1. 



C. Relationship to Existing Law 

Subsections (1) and (3) are 
taken directly from G.S. § 7A-286 
and do not change current law. 

Subsection (2) sets out mod- 
ifications that may be made in 
more detail than current law. It 
creates guidelines relating to 
circumstances which may require 
judicial action to assure fair 
and just treatment following ad- 
judication. 



" § 7A-594. Request for Modification for Lack of Suitable 
Services . - If the Assistant Director of the Division of Insti- 
tutional Services finds that any juvenile committed to the 
Division's care is not suitable for its program, the Assistant 
Director may make a motion in the cause so that the judge may 
make an alternative disposition. 



COMMENTARY 



A. Summary 

The Division of Institutional 
Services shall have the right to 
make a motion for an alternative 
disposition in any case of a juve- 
nile committed to its care if the 
Division finds that such juvenile 
is not suitable for any of its 
programs. 



B. Derivation 

This section is taken from 
current G.S. § 7A-286(5). 

C. Relationship to Existing Law 

This section reflects no change 
in existing law. 



257 



§ 7A-595. Right to Appeal . - Upon motion of a proper 
party as defined in G.S. § 7A-596, review of any final order 
of the court in a juvenile matter under this Article shall 
be before the Court of Appeals. Notice of appeal shall be 
given in open court at the time of the hearing or in writing 
within ten days after the hearing. A final order shall 
include : 

(1) Any order finding absence of jurisdiction; 

(2) Any order which in effect determines the 
action and prevents a judgment from which 
appeal might be taken; 

(3) Any order finding a juvenile to be delinquent 
in which no disposition is made within sixty 
days or where disposition is to be extensively 
deferred; 

(4) Any order of disposition after an adjudication 
that a juvenile is delinquent, undisciplined, 
abused, neglected, or dependent; or 

(5) Any order modifying custodial rights. 

COMMENTARY 



A. Summary 

Upon motion of a proper party 
any final order of the court in a 
juvenile case may be appealed to 
the Court of Appeals. Notice of 
appeal must be given in open court 
at the time of the hearing or in 



writing within 10 days after the 
hearing. A final order includes 
any order finding absence of 
jurisdiction; any order which de- 
termines the action and prevents 
a judgment from which appeal 



258 



might be taken; any order finding 
delinquency where disposition is 
excessively delayed; any disposi- 
tional order; or any order modify- 
ing custody rights. 

B. Derivation 

This section is based on G.S. 
§ 7A-289, G.S. 7A-27, and on IJA/ 
ABA Standards, Appeals and Collateral 
Review , 2.1. 

C. Relationship to Existing Law 

Current G.S. § 7A-289 provides 
the main basis for the proposed 



statute. It authorizes appeals to 
the Court of Appeals with the 
same notice requirements, but lim- 
its appeals to adjudications and 
dispositional orders [subsections 
(4) in the proposed section] . Sub- 
section (2) is adopted from G.S. 
§ 7A-27. Subsections (1), (3), 
and (5) are based on the IJA/ ABA 
Standards and broaden the areas 
open for review by the Court of 
Appeals. 



" § 7A-596. Proper Parties for Appeal . - An appeal may 
be taken by the juvenile; the juvenile's parent, guardian, or 
custodian; or the State. The State's appeal is limited to 
the following: 

(1) Any final order in cases other than delinquency 
or undisciplined cases; 

(2) The following orders in delinquency or undisci- 
plined cases : 

(a) An order finding a state statute to be 
unconstitutional ; 

(b) Any order which terminates the prosecution 
of a petition by upholding the defense of 
double jeopardy, by holding that a cause 
of action is not stated under a statute, 
or by granting a motion to suppress . 



259 



COMMENTARY 



A. Summary 

Any appeal may be taken by the 
juvenile and his parent, guardian, 
or custodian. The State may appeal 
any final order except in an undis- 
ciplined or delinquency case, the 
State may appeal an order adjudicat- 
ing a state statute unconstitutional; 
any order which terminates the peti- 
tion by upholding the defense of 
double jeopardy, holding that a 
cause of action is not stated under 
a statute, or granting a motion to 
suppress. 

B. Derivation 

This section is based on IJA/ 
ABA Standards, Appeals and Col- 
lateral Review , 2.2. 

C. Relationship to Existing Law 

Current G.S. § 7A-289 author- 
izes any child, parent, guardian, 
custodian, or agency who is a party 
to a proceeding to appeal to the 
Court of Appeals. The proposed 
section does not mention agencies 
but authorizes the State to appeal 
in any case except those based on 
a petition alleging delinquent or 
undisciplined behavior. The justi- 
fication for excluding appeals in 



these areas is that these pro- 
ceedings are essentially crim- 
inal in nature, and there is a 
common law tradition of refusing 
the right of appeal to the state 
in criminal cases. In addition, 
the United States Supreme Court 
has said that to allow government 
appeals in criminal porceedings 
would threaten the basic consti- 
tutional concepts of a right to 
a speedy trial and the prohibition 
against double jeopardy, con- 
cluding that "appeals by the gov- 
ernment in criminal cases are 
something unusual, exceptional, 
not favored." See Well v. United 
S tates , 339 U.S. at 98. A final 
rationale, recognized by the 
Supreme Court since the 1891 de- 
cision in United States v. Sanges , 
144 U.S. 310 (1891), is that the 
rights of the accused must be 
carefully protected when faced 
with as powerful an adversary as 
the State. 

There are, however, a few 
limited situations where states 
may statutorily grant appellate 
review to the state in criminal 
proceedings. The exceptions 
enumerated in subsection (2) are 
designed to allow appeals in 
those areas. 



260 



" § 7A-597. Disposition Pending Appeal . - Pending dis- 
position of an appeal, the release of the juvenile, with or 
without conditions, should issue in every case unless the 
judge orders otherwise. For compelling reasons which must be 
stated in writing, the judge may enter a temporary order af- 
fecting the custody or placement of the juvenile as he finds 
to be in the best interest of the juvenile or the State. 

COMMENTARY 



A. Summary 

While awaiting the eventual 
outcome of an appeal, the child 
should be released unless the 
court orders otherwise. The court 
may attach conditions to such re- 
lease. The court may also enter a 
temporary order for custody or 
placement of the child. Such order 
must be in writing and state the 
basis for the decision. 

B. Derivation 

This section is based on G.S. 
§ 7A-289 and IJA/ABA Standards, 
Appeals and Collateral Review , 5.3. 



C. Relationship to Existing Law 

The proposed section gives 
the court essentially the same 
authority to enter a temporary 
order while an appeal is being 
pressed that is currently con- 
tained in G.S. § 7A-289. The 
proposed section states a policy 
favoring release and requires that 
an order for custody or placement 
be in writing, with justification 
for such action. The proposed 
section will, however, allow the 
court to impose some restrictions 
on the child who is released. 



261 



" i 7A-598. Disposition After Appeal . - Upon the affirm- 
ation of the order of adjudication or disposition of the court 
by the Court of Appeals or by the Supreme Court in the event 
of such an appeal, the judge shall have authority to modify 
or alter his original order of adjudication or disposition as 
he finds to be in the best interest of the juvenile to reflect 
any adjustment made by the juvenile or change in circumstances 
during the period of time the appeal was pending. If the 
modifying order is entered ex parte , the court shall give 
notice to interested parties to show cause within ten days 
thereafter as to why the modifying order should be vacated 
or altered. 

COMMENTARY 



A. Summary 

When an adjudication or order 
of disposition of the court is up- 
held on appeal to the Court of 
Appeals or Supreme Court, the court 
shall have authority to modify the 
original order, in the best interests 
of the child, to reflect adjustment 
by the child or a change in circum- 
stances. If the order is entered 
without the participation of all 
parties, the Court shall give notice 
to interested parties to show cause 
within 10 days as to why such 



modifying order should be vacated 
or altered. 

B. Derivation 

This section is taken from 
G.S. § 7A-289. 

C. Relationship to Existing Law 

The proposed section makes no 
change in current law. 



262 



'"'Article 54, 
"Juvenile records and social reports, 

" § 7A-599. Confidentiality of Records . - (1) The Clerk 
of Superior Court shall maintain a complete record of all juve- 
nile cases filed in his office to be known as the juvenile 
record, which shall be withheld from public inspection and 
may be examined only by order of the judge, except that the 
juvenile, his parent, guardian, custodian, or other authorized 
representative of the juvenile shall have a right to examine 
the juvenile's record. The record shall include the summons, 
petition, custody order, court order, written motions, the 
transcript of the hearing, and other papers filed in the pro- 
ceeding . 

(2) The Chief Court Counselor shall maintain a record 

•of the cases of juveniles under supervision by court counselors 
which shall include family background information; reports of 
social, medical, psychiatric, or psychological information 
concerning a juvenile or his family; a record of the probation 
reports of a juvenile; interviews with his family; or other 
information which the judge finds should be protected from pu- 
blic inspection in the best interest of the juvenile. 

(3) The Director of the Department of Social Services 
shall maintain a record of the cases of juveniles under pro- 
tective custody by his Department or under placement by the 
court. This file shall include material similar in nature 
to that described in subsection (2) . 



263 



(4) The records maintained pursuant to subsections (2) 
and (3) may be examined only by order of the judge except 
that the juvenile shall have the right to examine them. 

(5) Law enforcement records and files concerning a juve- 
nile shall be kept separate from the records and files of 
adults except in proceedings when jurisdiction of a juvenile 
is transferred to Superior Court. Law enforcement records 
and files concerning juveniles shall be open only to the in- 
spection of the prosecutor, court counselors, the juvenile, 
his parent, guardian, and custodian. 

(6) All records and files maintained by the Division of 
Institutional Services shall be withheld from public inspection 
and shall be open only to the inspection of the juvenile, pro- 
fessionals in that agency who are directly involved in the 
juvenile's case, and court counselors. The judge authorizing 
commitment of a juvenile shall have the right to inspect and 
order the release of records maintained by the Division of 
Institutional Services on that juvenile. 

(7) Disclosure of information concerning any juvenile 
under investigation or alleged to be within the jurisdiction 
of the court that would reveal the identity of that juvenile 
is prohibited. 

COMMENTARY 



A. Summary 

This section provides for the 
confidentiality of records main- 



tained on juveniles by the 
court, by court counselors, by 



264 



the training schools and by law 
enforcement. Inspection in all 
instances is strictly limited to 
professional persons having a direct 
relationship to the case. 



B, 



Derivation 



North Carolina G.S. § 7A-287; 
National Juvenile Law Center Model 
Code , Section 20; IJA/ABA, Juvenile 
Records and Information System , 
1.3 and 5.1-5.4. 



C. Relationship to Existing Law 

This section expands G.S. § 7A- 
287 to cover law enforcement re- 
cords, records maintained by court 
counselors, and records maintained 
by the training schools as well as 
court records kept in the clerk's 
office. The expansion was in 
response to concern expressed 
throughout the state as to the 
need for clarification. 



265 



" § 7A-600. Expunction of Records of Juveniles Adjudicated 
Delinquent and Undisciplined . - (1) Any juvenile who has attained 
the age of sixteen years may file a petition in the court where 
he was adjudicated undisciplined for expunction of all records 
of that adjudication. 

(2) Any juvenile who has attained the age of sixteen years 
may file a petition in the court where he was adjudicated delin- 
quent for expunction of all records of that adjudication provided: 

(a) The offense for which he was adjudicated would 
have been a misdemeanor if committed by an adult and 

(b) The juvenile has not subsequently been adjudi- 
cated delinquent or convicted as an adult of any felony 
or misdemeanor other than a traffic violation under the 
laws of the United States or the laws of this State or 
any other state. 

(3) The petition shall contain, but not be limited to, 
the following: 

(a) An affidavit by the petitioner that he has been 
of good behavior since the adjudication and, in the case 
of a Detition based on a delinquency adjudication, that he 
has not subsequently been adjudicated delinquent or con- 
victed as an adult of any felony or misdemeanor other than 
a traffic violation under the laws of the United States, or 
the laws of this State or any other state. 

(b) Verified affidavits of two persons, who are not 
related to the petitioner or to each other by blood or 



266 



marriage, that they know the character and reputation of 

the petitioner in the community in which he lives and that 

his character and reputation are good. 

(c) A statement that the petition is a motion in the 

cause in the case wherein the petitioner was adjudicated 

delinquent or undisciplined. 
The petition shall be served upon the District Attorney in the 
district wherein adjudication occurred. The District Attorney 
shall have ten days thereafter in which to file any objection 
thereto and shall be duly notified as to the date of the hearing 

on the petition. 

(4) If the judge, after hearing, finds that the petitioner 
satisfies the conditions set out in subsections (1) or (2) , he 
shall order and direct the Clerk of Superior Court and all law 
enforcement agencies to expunge their records of the adjudica- 
tion including all references to arrests, complaints, referrals, 
petitions, and orders. 

(5) The Clerk sf Superior Court shall forward a certified 
copy of the order to the Sheriff, Chief of Police, or other law 
enforcement agency. 

(6) Records of a juvenile adjudicated delinquent or un- 
disciplined being maintained by the Chief Court Counselor, an 
intake counselor, a court counselor or by personnel at a resi- 
dential facility operated by the Division of Institutional Ser- 
vices shall be retained or disposed of as provided by the Office 
of Juvenile Justice. 



267 



COMMENTARY 



A . Summary 

A juvenile adjudicated undisci- 
plined may have his record expunged 
when he becomes sixteen. 

A juvenile adjudicated delin- 
quent for a misdemeanor may have his 
record expunged when he reaches six- 
teen if he has not subsequently been 
adjudicated or convicted of an of- 
fense — felony or misdemeanor. 

A petition requesting expunc- 
tion must contain an affidavit from 
the juvenile asserting his good 
conduct; affidavits from two un- 
related persons attesting to his 
character and reputation; and a 
statement that the petition is 
based on the earlier adjudication. 

After a hearing, the judge 
shall order expunction if the ju- 
venile meets the specified cri- 
teria. 

The judge shall order the 
destruction of all court and law 
enforcement records. The Clerk 
shall forward a copy of the order 
to the local law enforcement 
agency. 

B. Derivation 

This section is based on 
G.S. § 15-223. 

C. Relationship to Existing Law 

This is a new section. The 
Committee originally favored the 
automatic destruction of all 
records relating to adjudications 
of delinquent or undisciplined 
beha/ior once the juvenile reached 



eighteen years of age and was 
completely removed from the juris- 
diction of the court. However, 
many presentees at public hear- 
ings across the State expressed 
the belief that many juveniles 
are now committing felonies re- 
peatedly and will very likely 
continue that course of conduct 
after leaving the jurisdiction of 
the juvenile court. Law enforce- 
ment officers and district at- 
torneys particularily felt that 
any records of felonious conduct 
should be available for sentencing 
purposes if the individual is 
later convicted of an offense. 

The Committee therefore de- 
cided to limit the records which 
could be destroyed to those in- 
volving undisciplined acts or mis- 
demeanor delinquent acts which are 
not repeated. The Committee sup- 
ported automatic expunction in 
this type of situation, but it 
became apparent that it would be 
impossible under current reporting 
procedures to determine automatical- 
ly if a juvenile had not been ad- 
judicated delinquent or convicted 
as an adult subsequent to the ini- 
tial adjudication. The Committee 
has used G.S. § 15-223 as a pattern 
to give the petitioner the oppor- 
tunity to be heard and demonstrate 
his good conduct. However, the 
requirement of affidavits from 
law enforcement, the State Bureau 
of Investigation, and the Federal 
Bureau of Investigation are not 
required due to the fact that the 
confidential nature of juvenile 
court proceedings would, in most 
cases, prevent these agencies from 
having reliable information on 
subsequent delinquency adjudications. 



268 



" § 7A-601. Effect of Expunction . - (1) Whenever a 
juvenile's record is expunged, with respect to the matter in 
which the record was expunged, the juvenile who is the subject 
of the record and his parent may inform any person or organi- 
zation including employers, banks, credit companies, insurance 
companies, and schools that he was not arrested, he did not 
appear before the court, and he was not adjudicated delinquent 
or undisciplined. 

(2) Notwithstanding subsection (1) , in any criminal or 
delinquency case if the juvenile is the defendant and chooses 
to testify or if he is not the defendant and is called as a 
witness , the juvenile may be ordered to testify with respect 
to whether he was adjudicated delinquent. 

COMMENTARY 



A. Summary 

This section allows a juvenile 
whose record has been destroyed to 
deny that the action ever occurred, 
except in the case that he testifies 
or is called as a witness in a crim- 
inal or delinquency proceeding. 

B. Derivation 

This section is based on the 
IJA/ABA Standards, Juvenile Records 
and Information Systems ^ 17.7. 

C. Relationship to Existing Law 

There is currently no pro- 
vision in North Carolina law 



allowing the destruction of juve- 
nile court records, although this 
is similar to the limited expunc- 
tion provisions of G.S. § 90-96. 

Subsection (2) incorporates 
case law from the United States 
Supreme Court into our statutes. 
In Davis v. Alaska , 415. U.S. 308 
(1974) the court held that a 
defendent's Sixth Amendment right 
to confront witnesses outweighs 
the juvenile's and public interest 
in maintaining the confidentiality 
of a juvenile record. 



269 



§ 7A-602. Notice of Expunction . - Upon expunction of 
a juvenile's record, the Clerk of Superior Court shall send a 
written notice to the juvenile at his last known address 
informing him that the record has been expunged and with re- 
spect to the matter involved, the juvenile may inform any per- 
son that he has no record. The notice shall inform the juvenile 
further that if the matter involved is a delinquency record, 
the juvenile may inform any person that he was not arrested or 
adjudicated delinquent except that upon testifying in a crimi- 
nal or delinquency proceeding, he may be required by a judge 
to disclose that he was adjudicated delinquent. 

COMMENTARY 



A. Summary 

This section requires that a ju- 
venile whose records are destroyed be 
notified of that fact and his rights 
subsequent to destruction. It includes 
notification that the protection does 
not extend to testifying in later 
criminal proceedings where information 
may be used for impeachment purposes. 



B. Derivation 

This section is based on the 
IJA/ABA Standards, Juvenile Records 
and Infomation Systems , 17.6. 

C. Relationship to Existing Law 

This section has no parallel 
in current North Carolina law. 



270 



"Article 55. 
"Interstate Compact on Juveniles, 

" § 7A-603. Execution of Compact . - The Governor is 
hereby authorized and directed to execute a compact on behalf 
of this State with any other state or states legally joining 
therein in the form substantially as follows: The contract- 
ing states solemnly agree: 

" § 7A-604. Findings and Purposes . - That juveniles who 
are not under proper supervision and control, or who have ab- 
sconded, escaped or run away, are likely to endanger their 
own health, morals and welfare, and the health, morals and 
welfare of others. The cooperation of the states party to 
this Compact is therefore necessary to provide for the welfare 
and protection of juveniles and of the public with respect to 

(1) Cooperative supervision of delinquent juveniles 
on probation or parole; 

(2) The return, from one state to another, of delin- 
quent juveniles who have escaped or absconded. 

(3) The return, from one state to another, of nonde- 
liquent juveniles who have run away from home; and 

(4) Additional measures for the protection of juveniles 
and of the public, which any two or more of the party 
states may find desirable to undertake cooperatively. 

In carrying out the provisions of this Compact the party 
states shall be guided by the noncriminal, reformative, and 

271 



protective policies which guide their laws concerning delinquent, 
neglected, or dependent juveniles generally. It shall be the 
policy of the states party to this Compact to cooperate and 
observe their respective responsibilities for the prompt re- 
turn and acceptance of juveniles and delinquent juveniles who 
become subject to the provisions of this Compact. The provi- 
sions of this Compact shall be reasonably and liberally con- 
strued to accomplish the foregoing purposes. 

§ 7A-605. Existing Rights and Remedies . - That all 
remedies and procedures provided by this Compact shall be in 
addition to and not in substitution for other rights, remedies, 
and procedures, and shall not be in derogation of parental 
rights and responsibilities. 

§ 7A-606. Definitions . - That, for the purposes of this 
Compact, "delinquent juvenile" means any juvenile who has been 
adjudged delinquent and who, at the time the provisions of this 
Compact are invoked, is still subject to the jurisdiction of 
the court that has made such adjudication or to the jurisdiction 
or supervision of an agency or institution pursuant to an 
order of such court; "probation or parole" means any kind of 
conditional release of juveniles authorized under the laws of 
the states party hereto; "court" means any court having juris- 
diction over delinquent, neglected, or dependent children; 
"state" means any state, territory, or possession of the United 
States, the District of Columbia, and the Commonwealth of 



272 



Puerto Rico; and "residence" or any variant thereof means a 
place at which a home or regular place of abode is maintained. 

" § 7A-607. Return of Runaways . - (1) That the parent, 
guardian, person, or agency entitled to legal custody of a 
juvenile who has nor been adjudged delinquent but who has run 
away without the consent of such parent, guardian, person, or 
agency may petition the appropriate court in the demanding 
state for the issuance of a requisition for his return. The 
petition shall state the name and age of the juvenile, the 
name of the petitioner and the basis of entitlement to the 
juvenile's custody, the circumstances of his running away, his 
location if known at the time application is made, and such 
other facts as may nend to show that the juvenile who has run 
away is endangering his own welfare or the welfare of others 
and is not an emancipated minor. The petition shall be verified 
by affidavit, shall be executed in duplicate, and shall be 
accompanied by two certified copies of the document or documents 
on which the petitioner's entitlement to the juvenile's custody 
is based, such as birth certificates, letters of guardianship, 
or custody decrees. Such further affidavits and other documents 
as may be deemed proper may be submitted with such petition. 
The judge of the court to which this application is made may 
hold a hearing thereon to determine whether for the purposes 
of this Compact the petitioner is entitled to the legal custody 
of the juvenile, whether or not it appears that the juvenile 
has in fact run away without consent, whether or not he is an 



273 



emancipated minor, and whether or not it is in the best interest 
of the juvenile to compel his return to the state. If the judge 
determines, either with or without a hearing, that the juvenile 
should be returned, he shall present to the appropriate court 
or to the executive authority of the state where the juvenile 
is alleged to be located a written requisition for the return 
of such juvenile. Such requisition shall set forth the name 
and age of the juvenile, the determination of the court that the 
juvenile has run away without the consent of a parent, guardian, 
person, or agency entitled to his legal custody, and that it is 
in the best interest and for the protection of such juvenile 
that he be returned. In the event that a proceeding for the 
adjudication of the juvenile as a delinquent, neglected, or de- 
pendent juvenile is pending in the court at the time when such 
juvenile runs away, the court may issue a requisition for the 
return of such juvenile upon its own motion, regardless of the 
consent of the parent, guardian, person, or agency entitled to 
legal custody, reciting therein the nature and circumstances of 
the pending proceeding. The requisition shall in every case be 
executed in duplicate and shall be signed by the judge. One 
copy of the requisition shall be filed with the Compact Adminis- 
trator of the demanding state, there to remain on file subject 
to the provisions of law governing records of such court. 
Upon the receipt of a requisition demanding the return of a ju- 
venile who has run away, the court or the executive authority 
to whom the requisition is addressed shall issue an order to 



274 



any peace officer or other appropriate person directing him 
to take into custody and detain such juvenile. Such detention 
order must substantially recite the facts necessary to the 
validity of its issuance hereunder. No juvenile detained upon 
such order shall be delivered over to the officer whom the 
court demanding him, shall have appointed to receive him, unless 
he shall first be taken forthwith before a judge of a court in 
the state, who shall inform him of the demand made for his re- 
turn, and who may appoint counsel or guardian ad litem for him. 
If the judge of such court shall find that the requisition is 
in order, he shall deliver such juvenile over to the officer to 
whom the court demanding him shall have appointed to receive 
him. The judge however, may fix a reasonable time to be allowed 
for the purpose of testing the legality of the proceeding. 

Upon reasonable information that a person is a juvenile 
who has run away from another state party to this Compact with- 
out the consent of a parent, guardian, person, or agency entitled 
to his legal custody, such juvenile may be taken into custody 
without a requisition and brought forthwith before a judge of 
the appropriate court who may appoint counsel or guardian ad 
litem for such juvenile and who shall determine after a hearing 
whether sufficient cause exists to hold the person, subject to 
the order of the court, for his own protection and welfare, for 
such a time not exceeding 90 days as will enable his return to 
another state party to this Compact pursuant to a requisition 
for his return from a court of that state. If, at the time when 



275 



a state seeks the return of a juvenile who has run away, there 
is pending in the state wherein he is found any criminal charge, 
or any proceeding to have him adjudicated a delinquent juve- 
nile for an act committed in such state, or if he is suspected 
of having committed within such state a criminal offense or an 
act of juvenile delinquency, he shall not be returned without 
the consent of such state until discharged from prosecution or 
other form of proceeding, imprisonment, detention or supervision 
for such offense or juvenile delinquency. The duly accredited 
officers of any state party to this Compact, upon the establish- 
ment of their authority and the identity of the juvenile being 
returned, shall be permitted to transport such juvenile through 
any and all states party to this Compact, without interference. 
Upon his return to the state from which he ran away, the juve- 
nile shall be subject to such further proceedings as may be 
appropriate under the laws of that state. 

(2) That the state to which a juvenile is returned under 
this Article shall be responsible for payment of the transpor- 
tation costs of such return. 

(3) That "juvenile" as used in this Article means any 
person who is a minor under the law of the state of residence 

of the parent, guardian, person, or agency entitled to the legal 
custody of such minor. 

" § 7A-608. Return of Escapees and Absconders . - (1) That 
the appropriate person or authority from whose probation or 
parole supervision a delinquent juvenile has absconded or from 



276 



whose institutional custody he has escaped shall present to the 
appropriate court or to the executive authority of the state 
where the delinquent juvenile is alleged to be located a writ- 
ten requisition for the return of such delinquent juvenile. 
Such requisition shall state the name and age of the delinquent 
juvenile, the particulars of his adjudication as a delinquent 
juvenile, the circumstances of the breach of the terms of his 
probation or parole or of his escape from an institution or 
agency vested with his legal custody or supervision, and the 
location of such delinquent juvenile, if known, at the time the 
requisition is made. The requisition shall be verified by affi- 
davit, shall be executed in duplicate, and shall be accompanied 
by two certified copies of the judgment, formal adjudication, 
or order of commitment which subjects such delinquent juvenile 
to probation or parole or to the legal custody of the institu- 
tion or agency concerned. Such further affidavits and docu- 
ments as may be deemed proper may be submitted with such requi- 
sition. One copy of the requisition shall be filed with the 
Compact Administrator of the demanding state, there to remain 
on file subject to the provisions of the law governing records 
of the appropriate court. Upon the receipt of a requisition 
demanding the return of a delinquent juvenile who has abscond- 
ed or escaped, the court or the executive authority to whom 
the requisition is addressed shall issue an order to any peace 
officer or other appropriate person directing him to take into 
custody and detain such delinquent juvenile. Such detention 



277 



order must substantially recite the facts necessary to the vali- 
dity of its issuance hereunder. No delinquent juvenile detained 
upon such order shall be delivered over to the officer whom the 
appropriate person or authority demanding him shall have appointed 
to receive him, unless he shall first be taken forthwith before a 
judge of an appropriate court in the state, who shall inform him 
of the demand made for his return and who may appoint counsel or 
guardian ad litem for him. If the judge of such court shall find 
that the requisition is in order, he shall deliver such delinquent 
juvenile over to the officer whom the appropriate person or autho- 
rity demanding him shall have appointed to receive him. The judge, 
however, may fix a reasonable time to be allowed for the purpose 
of testing the legality of the proceeding. 

Upon reasonable information that a person is a delinquent juve- 
nile who has absconded while on probation or parole, or escaped 
from an institution or agency vested with his legal custody or 
supervision in any state party to this Compact, such person may be 
taken into custody in any other state party to this Compact without 
a requisition. But in such event, he must be taken forthwith be- 
fore a judge of the appropriate court, who may appoint counsel or 
guardian ad litem for such person and who shall determine after a 
hearing, whether sufficient cause exists to hold the person subject 
to the order of the court for such a time, not exceeding 90 days, 
as will enable his detention under a detention order issued on a 
requisition pursuant to this Article. If, at the time when a state 
seeks the return of a delinquent who has either absconded while on 



278 



probation or parole or escaped from an institution or agency- 
vested with his legal custody or supervision, there is pending in 
the state wherein he is detained any criminal charge or any pro- 
ceeding to have him adjudicated a delinquent juvenile for an act 
committed in such state, or if he is suspected of having committed 
within such state a criminal offense or an act of juvenile delin- 
quency, he shall not be returned without the consent of such state 
until discharged from prosecution or other form of proceeding, 
imprisonment, detention, or supervision for such offense or ju- 
venile delinquency. The duly accredited officers of any state 
party to this Compact, upon the establishment of their authority 
and the identity of the delinquent juvenile being returned, shall 
be permitted to transport such delinquent juvenile through any 
and all states party to this Compact, without interference. Upon 
his return to the state from which he escaped or absconded, the 
delinquent juvenile shall be subject to such further proceedings 
as may be appropriate under the laws of that state. 

(2) That the state to which a delinquent juvenile is re- 
turned under this Article shall be responsible for the payment of 
transportation costs of such return. 

" § 7A-609. Voluntary Return Procedure . - That any delin- 
quent juvenile who has absconded while on probation or parole, 
or escaped from an institution or agency vested with his legal 
custody or supervision in any state party to this Compact, and 
any juvenile who has run away from any state party to this Com- 
pact, who is taken into custody without a requisition in another 



279 



state party to this Compact under the provisions of G.S. § 7A- 
607 (1) or G.S. § 7A-608 (1), may consent to his immediate re- 
turn to the state from which he absconded, escaped or ran away. 
Such consent shall be given by the juvenile or delinquent juve- 
nile and his counsel or guardian ad litem , if any, by executing 
or subscribing a writing in the presence of a judge of the appro- 
priate court, which states that the juvenile or delinquent juve- 
nile and his counsel or guardian ad litem , if any, consent to 
his return to the demanding state. Before such consent shall 
be executed or subscribed, however, the judge, in the presence 
of counsel or guardian ad litem , if any, shall inform the juve- 
nile or delinquent juvenile of his rights under this Compact. 
When the consent has been duly executed, it shall be forwarded 
to and filed with the Compact Administrator of the state in 
which the court is located and the judge shall direct the officer 
having the juvenile or delinquent juvenile in custody to deliver 
him to the duly accredited officer or officers a copy of the 
consent. The court may, however, upon the request of the state 
to which the juvenile or delinquent juvenile is being returned, 
order him to return unaccompanied to such state and shall pro- 
vide him with a copy of such court order, in such event a copy 
of the consent shall be forwarded to the Compact Administrator 
of the state to which said juvenile or delinquent juvenile is 
ordered to return. 



280 



" § 7A-610. Cooperative Supervision of Probationers and 
Parolees . - (1) That the duly constituted judicial and admin- 
istrative authorities of a state party to this Compact (herein 
called "sending state") may permit any delinquent juvenile 
within such state, placed on probation or parole, to reside in 
any other state party to this Compact (herein called "receiving 
state") while on probation or parole, and the receiving state 
shall accept such delinquent juvenile, if the parent, guardian, 
or person entitled to the legal custody of such delinquent juve- 
nile is residing or undertakes to reside within the receiving 
state. Before granting such permission, opportunity shall be 
given to the receiving state to make such investigations as it 
deems necessary. The authorities of the sending state shall 
send to the authorities of the receiving state copies of per- 
tinent court orders, social case studies and all other avail- 
able information which may be of value to and assist the 
receiving state in supervising a probationer or parolee under 
this Compact. A receiving state, in its discretion, may agree 
to accept supervision of a probationer or parolee in cases 
where the parent, guardian, or person entitled to the legal 
custody of the delinquent juvenile is not a resident of the 
receiving state, and if so accepted, the sending state may 
transfer the supervision accordingly. 

(2) That each receiving state will assume the duties of 
visitation and of supervision over any such delinquent juve- 
nile and in the exercise of those duties will be governed by 



281 



the same standards of visitation and supervision that prevail 
for its own delinquent juveniles released on probation or parole. 

(3) That, after consultation between the appropriate 
authorities of the sending state and of the receiving state as 
to the desirability and necessity of returning such a delinquent 
juvenile, the duly accredited officers of a sending state may 
enter a receiving state and there apprehend and retake any 
such delinquent juvenile on probation or parole. For that pur- 
pose, no formalities will be required, other than establishing 
the authority of the officer and the identity of the delinquent 
juvenile to be retaken and returned. The decision of the sending 
state to retake a delinquent juvenile on probation or parole 
shall be conclusive upon and not reviewable within the receiving 
state, but if, at the time the sending state seeks to retake a 
delinquent juvenile on probation or parole, there is pending 
against him within the receiving state any criminal charge or 
any proceeding to have him adjudicated a delinquent juvenile 
for any act committed in such state or if he is suspected of 
having committed within such state a criminal offense or an act 
of juvenile delinquency, he shall not be returned without the 
consent of the receiving state until discharged from prosecu- 
tion or other form of proceeding, imprisonment, detention, or 
supervision for such offense or juvenile delinquency. The duly 
accredited officers of the sending state shall be permitted to 
transport delinquent juveniles being so returned through any 
and all states party to this Compact, without interference. 



282 



(4) That the sending state shall be responsible under 
this Article for paying the costs of transporting any delinquent 
juvenile to the receiving state or of returning any delinquent 
juvenile to the sending state. 

" § 7A-611. Responsibility for Costs . - (1) That the 
provisions of G.S. § 7A-607 (2), G.S. § 7A-608 (2), and G.S. 
§ 7A-609 (4) of this Compact shall not be construed to alter or 
affect any internal relationship among the departments, agencies, 
and officers of and in the government of a party state, or be- 
tween a party state and its subdivisions, as to the payment of 
costs, or responsibilities therefor. 

(2) That nothing in this Compact shall be construed to 
prevent any party state or subdivision thereof from asserting 
any right against any person, agency, or other entity in regard 
to costs for which such party state or subdivision thereof may 
be responsible pursuant to G.S. § 7A-607 (2), G.S. § 7A-608 (2), 
or G.S. § 7A-609 (4) of this Compact. 

" § 7A-612. Detention Practices . - That, to every extent 
possible, it shall be the policy of states party to this Compact 
that no juvenile or delinquent juvenile shall be placed or de- 
tained in any prison, jail, or lockup nor be detained or trans- 
ported in association with criminal, vicious or dissolute per- 
sons . 



283 



§ 7A-613. Supplementary Agreements . - That the duly con- 
stituted administrative authorities of a state party to this 
Compact may enter into supplementary agreements with any other 
state or states party hereto for the cooperative care, treat- 
ment, and rehabilitation of delinquent juveniles whenever they 
shall find that such agreements will improve the facilities or 
programs available for such care, treatment, and rehabilitation. 
Such care, treatment, and rehabilitation may be provided, in 
an institution located within any state entering into such sup- 
plementary agreement. Such supplementary agreements shall: 

(1) Provide the rates to be paid for the care, treatment, 
and custody of such delinquent juveniles taking into considera- 
tion the character of facilities, services, and subsistence 
furnished; 

(2) Provide that the delinquent juvenile shall be given 
a court hearing prior to his being sent to another state for 
care, treatment, and custody; 

(3) Provide that the state receiving such a delinquent 
juvenile in one of its institutions shall act solely as agent 
for the state sending such delinquent juvenile; 

(4) Provide that the sending state shall at all times re- 
tain jurisdiction over delinquent juveniles sent to an institu- 
tion in another state; 

(5) Provide for reasonable inspection of such institutions 
by the sending state; 



284 



(6) Provide that the consent of the parent, guardian, 
person, or agency entitled to the legal custody of said delin- 
quent juvenile shall be secured prior to his being sent to 
another state; and 

(7) Make provisions for such other matters and details 
as shall be necessary to protect the rights and equitites of 
such delinquent juveniles and of the cooperating states. 

" § 7A-614. Acceptance of Federal and Other Aid . - That 
any state party to this Compact may accept any and all donations, 
gifts, and grants of money, equipment, and services from the 
federal or any local government, or any agency thereof and from 
any person, firm, or corporation, for any of the purposes and 
functions of this Compact, and may receive and utilize, the 
same subject to the terms, conditions, and regulations governing 
such donations, gifts, and grants. 

" § 7A-615. Compact Administrators . - That the governor 
of each state party to this Compact shall designate an officer 
who, acting jointly with like officers of other party states, 
shall promulgate rules and regulations to carry out more effi- 
ciently the terms and provisions of this Compact. 

" § 7A-616. Execution of Compact . - That this Compact shall 
become operative immediately upon its execution by any state as 
between it and any other state or states so executing. When 
executed it shall have the full force and effect of law within 
such state, the form or (of) execution to be in accordance with 
the laws of the executing state. 

285 



" § 7A-617. Renunciation . - That this Compact shall con- 
tinue in force and remain binding upon each executing state 
until renounced by it. Renunciation of this Compact shall be 
by the same authority which executed it, by sending six month's 
notice in writing of its intention to withdraw from the Compact 
to the other states party hereto. The duties and obligations 
of a renouncing state under G.S. § 7A-610 hereof shall continue 
as to parolees and probationers residing therein at the time of 
withdrawal until retaken or finally discharged. Supplementary 
agreements entered into under G.S. § 7A-613 hereof shall be 
subject to renunciation as provided by such supplementary agree- 
ments, and shall not be subject to the six months' renunciation 
notice of the present section. 

" § 7A-618. Severability . - That the provisions of this 
Compact shall be severable and if any phrase, clause, sentence, 
or provision of this Compact is declared to be contrary to 
the constitution of any participating state or of the United 
States or the applicability thereof to any government, agency, 
person, or circumstances is held invalid, the validity of the 
remainder of this Compact and the applicability thereof to any 
government, agency, person, or circumstances shall not be affect- 
ed thereby. If this Compact shall be held contrary to the con- 
stitution of any state participating therein, the Compact shall 
remain in full force and effect as to the remaining states and 
in full force and effect as to the state affected as to all 
severable matters . 



286 



Derivation : The preceding sections are from G.S. § 110-58. 

" § 7A-619. Compact Administrator . - Pursuant to said Com- 
pact, the Governor is hereby authorized and empowered to designate 
an officer who shall be the Compact Administrator and who, acting 
jointly with like officers of other party states, shall promul- 
gate rules and regulations to carry out more effectively the 
terms of the Compact. Said Compact Administrator shall serve 
subject to the pleasure of the Governor. The Compact Adminis- 
trator is hereby authorized, empowered, and directed to cooperate 
with all departments, agencies, and officers of and in the gov- 
ernment of this State and its subdivisions in facilitating the 
proper administration of the Compact or of any supplementary 
agreement or agreements entered into by this State hereunder. 

Derivation : G.S. § 110-59. 

" § 7A-620. Supplementary Agreements . - The Compact Admin- 
istrator is hereby authorized and empowered to enter into sup- 
plementary agreements with appropriate officials of other 
states pursuant to the Compact. In the event that such sup- 
plementary agreement shall require or contemplate the use of 
any institution or facility of this State or require or con- 
template the provision of any service by this State, said sup- 
plementary agreement shall have no force or effect until approved 
by the head of the department or agency under whose jurisdiction 
said institution or facility is operated or whose department or 
agency will be charged with the rendering of such service. 



287 



Derivation : G.S. § 110-60. 

" i 7A-621. Discharging Financial Obligations Imposed by- 
Compact on Agreement . - The Compact Administrator, subject to 
the approval of the Director of the Budget, may make or arrange 
for any payments necessary to discharge any financial obliga- 
tions imposed upon this State by the Compact or by any supple- 
mentary agreement entered into thereunder. 

Derivation : G.S. § 110-61. 

11 § 7A-622. Enforcement of Compact . - The courts, depart- 
ments, agencies, and officers of this State and subdivisions 
shall enforce this Compact and shall do all things appropriate 
to the effectuation of its purposes and intent which may be 
within their respective jurisdictions. 

Derivation : G.S. § 110-62. 

" i 7A-623. Additional Procedure for Returning Runaways 
Not Precluded . - In addition to any procedure provided in G.S. 
§ 7A-607 and G.S. § 7A-609 of the Compact for the return of any 
runaway juvenile, the particular states, the juvenile or his 
parents, the courts, or other legal custodian involved may agree 
upon and adopt any other plan or procedure legally authorized 
under the laws of this State and the other respective party 
states for the return of any such runaway juvenile. 

Derivation: G.S. § 110-63. 



238 



" § 7A-624. Proceedings for Return of Runaways under G.S. 
§ 7A-607 of Compact; "Juvenile" Construed . - The judge of any court 
in North Carolina to which an application is made for the return 
of a runaway under the provisions of G.S. § 7A-607 of the Inter- 
state Compact on Juveniles shall hold a hearing thereon to deter- 
mine whether for the purposes of the Compact the petitioner is 
entitled to the legal custody of the juvenile, whether or not it 
appears that the juvenile has in fact run away without consent, 
whether or not he is an emancipated minor and whether or not it 
is in the best interest of the juvenile to compel his return to 
the state. The judge of any court in North Carolina finding that 
a requisition for the return of a juvenile under the provisions 
of G.S. § 7A-607 of the Compact is in order shall upon request 
fix a reasonable time to be allowed for the purpose of testing 
the legality of the proceeding. The period of time for holding 
a juvenile in custody under the provisions of G.S. § 7A-607 of 
the Compact for his own protection and welfare, subject to the 
order of a court of this State, to enable his return to another 
state party to the Compact pursuant to a requisition for his re- 
turn from a court of that state, shall not exceed 30 days. In 
applying the provisions of G.S. § 7A-607 of the Compact to secure 
the return of a runaway from North Carolina, the courts of this 
State shall construe the word "juvenile" as used in this Article 
to mean any person who has not reached his or her eighteenth 
birthday. 

Derivation: G.S. § 110-64. 



289 



" § 7A-625. Interstate Parole and Probation Hearing Proce - 
dures for Juveniles . - Where supervision of a parolee or proba- 
tioner is being administered pursuant to the Interstate Compact 
on Juveniles, the appropriate judicial or administrative author- 
ities in this State shall notify the Compact Administrator of 
the sending state whenever, in their view, consideration should 
be given to retaking or reincarceration for a parole or a proba- 
tion violation. Prior to the giving of any such notification, 
a hearing shall be held in accordance with this Article within 
a reasonable time, unless such hearing is waived by the parolee 
or probationer. The appropriate officer or officers of this 
State shall as soon as practicable, following termination of any 
such hearing, report to the sending state, furnish a copy of the 
hearing record, and make recommendations regarding the disposi- 
tion to be made of the parolee or probationer by the sending 
state. Pending any proceeding pursuant to this Section, the 
appropriate officers of this State may take custody of and de- 
tain the parolee or probationer involved for a period not to 
exceed 10 days prior to the hearing and, if it appears to the 
hearing officer or officers that retaking or reincarceration is 
likely to follow, for such reasonable period after the hearing 
or waiver as may be necessary to arrange for retaking or the 
reincarceration . 

Derivation : G.S. § 110-64.6. 

" § 7A-626. Hearing Officers . - Any hearing pursuant to 
this Article may be before the Administrator of the Interstate 



290 



Compact on Juveniles, a deputy of such Administrator, or any 
other person authorized pursuant to the juvenile laws of this 
State to hear cases of alleged juvenile parole or probation 
violations, except that no hearing officer shall be the person 
making the allegation of violation. 
Derivation : G.S. § 110-64.7. 

" § 7A-627. Due Process at Parole or Probation Violation 
Hearing . - With respect to any hearing pursuant to this Article, 
the parolee or probationer: 

(1) Shall have reasonable notice in writing of the nature 
and content of the allegations to be made, including notice that 
the purpose of the hearing is to determine whether there is 
probable cause to believe that he has committed a violation 
that may lead to a revocation of parole or probation. 

(2) Shall be permitted to advise with any persons 
whose assistance he reasonably desires, prior to the hearing. 

(3) Shall have the right to confront and examine any 
persons who have made allegations against him, unless the hear- 
ing officer determines that such confrontation would present 

a substantial present or subsequent danger of harm to such 
person or persons . 

(4) May admit, deny, or explain the violation alleged and 
may present proof, including affidavits and other evidence, 

in support of his contentions. 

A record of the proceedings shall be made and preserved. 
Derivation: G.S. § 110-64.8. 



291 



" § 7A-628. Effect of Parole or Probation Violation Hear - 
ing Outside the State . - In any case of alleged parole or proba- 
tion violation by a person being supervised in another state 
pursuant to the Interstate Compact on Juveniles, any appropriate 
judicial or administrative officer or agency in another state 
is authorized to hold a hearing on the alleged violation. Upon 
receipt of the record of a parole or probation violation hear- 
ing held in another state pursuant to a statute substantially 
similar to this Article, such record shall have the same stand- 
ing and effect as though the proceeding of which it is a record 
was had before the appropriate officer or officers in this State, 
and any recommendations contained in or accompanying the record 
shall be fully considered by the appropriate officer or officers 
of this State in making disposition of the matter. 

Derivation : G.S. I 110-64.9. 

" § 7 A- 629. Amendment to the Interstate Compact on Juve - 
niles Concerning Interstate Rendition of Juveniles Alleged to 
be Delinquent . - (1) This amendment shall provide additional 
remedies, and shall be binding only as among and between those 
party states which specifically execute the same. 

(2) All provisions and procedures of G.S. § 7A-608 and 
G.S. § 7A-609 of the Interstate Compact on Juveniles shall be 
construed to apply to any juvenile charged with being a delin- 
quent by reason of a violation of any criminal law. Any juve- 
nile, charged with being a delinquent by reason of violating 
any criminal law, shall be returned to the requesting state 



292 



upon a requisition to the state where the juvenile may be found, 
A petition in such case shall be filed in a court of competent 
jurisdiction in the requesting state where the violation of 
criminal law is alleged to have been committed. The petition 
may be filed regardless of whether the juvenile has left the 
state before or after the filing of the petition. The requisi- 
tion described in G . S . § 7A-608 of the Compact shall be for- 
warded by the judge of the court in which the petition has been 
filed. 

COMMENTARY 



This is a new section and pro- 
posed by the Office of the Attorney 
General of Florida. The fifteen 
basic sections of the Interstate 
Compact on Juveniles have been rati- 
fied by all states. The rendition 
Amendment is an optional section 
which is in force only among states 
which specifically ratify it. 

This amendment is designed 
to meet the practical problem aris- 
ing when a juvenile who is a resi- 
dent of State "A" travels to State 



"B" and there commits a serious 
offense and who then flees to 
State "C" before he can be taken 
into custody. This situation 
cannot adequately be handled under 
the basic Compact and such a juve- 
nile could not be returned to the 
state where the offense occurred. 

If North Carolina adopts this 
optional provision, signature pages 
for the optional provision must be 
transmitted to other states which 
have adopted this provision. 



293 



" § 7A-630. Out of State Confinement Amendment . - (1) The 
Out-of- State Confinement Amendment to the Interstate Compact on 
Juveniles is hereby enacted into law and entered into by this 
state with all other states legally joining therein in the form 
substantially as follows: 

(a) Whenever the fully constituted judicial or admin- 
istrative authorities in a sending state shall determine 
that confinement of a probationer or reconf inement of a 
parolee is necessary or desirable, said officials may 
direct that the confinement or reconf inement be in an appro- 
priate institution for delinquent juveniles within the 
territory of the receiving state, such receiving state to 
act in that regard solely as agent for the sending state. 

(b) Escapes and absconders who would otherwise be 
returned pursuant to G.S. § 7A-608 of the Compact may be 
confined or reconfined in the receiving state pursuant to 
this Amendment. In any such case the information and 
allegations required to be made and furnished in a requi- 
sition pursuant to G.S. § 7A-608, the sending state shall 
request confinement or reconf inement in the receiving 
state. Whenever applicable, detention orders as provided 
in G.S. § 7A-608 may be employed pursuant to this para- 
graph preliminary to disposition of the escapee or 
absconder. 

(c) The confinement or reconf inement or a parolee, 
probationer, escapee, or absconder pursuant to this 



294 



amendment shall require the concurrence of the appropriate 
judicial or administrative authorities of the receiving 
state. 

(d) As used in this amendment: 1. "sending state" 
means sending state as that term is used in G . S . § 7A- 
610 of the Compact or the state from which a delinquent 
juvenile has escaped or absconded within the meaning of 
G.S. § 7A-608 of the Compact; 2. "receiving state" means 
any state, other than the sending state, in which a 
parolee, probationer, escapee, or absconder may be found, 
provided that said state is a party to this amendment. 

(e) Every state which adopts this amendment shall 
designate at least one of its institutions for delinquent 
juveniles as a "Compact Institution" and shall confine 
persons therein as provided in Paragraph (a) hereof unless 
the sending and receiving state in question shall make 
specific contractual arrangements to the contrary. All 
states party to this amendment shall have access to 
"Compact Institutions" at all reasonable hours for the 
purpose of inspecting the facilities thereof and for the 
purpose of visiting such of said state's delinquents as 
may be confined in the institution. 

(f) Persons confined in "Compact Institutions" pur- 
suant to the terms of this Compact shall at all times be 
subject to the jurisdiction of the sending state and may 
at any time be removed from said "Compact Institution" 
for transfer to an appropriate institution within the 



295 



sending state, for return to probation or parole, for 
discharge, or for any purpose permitted by the laws of 
the sending state. 

(g) All persons who may be confined in a "Compact 
Institution" pursuant to the provisions of this amendment 
shall be treated in a reasonable and humane manner. The 
fact of confinement or reconfinement in a receiving state 
shall not deprive any person so confined or reconfined 
of any rights which said person would have had if confined 
or reconfined in an appropriate institution of the sending 
state; nor shall any agreement to submit to confinement or 
reconfinement pursuant to the terms of this amendment be 
construed as a waiver of any rights which the delinquent 
would have had if he had been confined or reconfined in 
any appropriate institution of the sending state except 
that the hearing or hearings, if any, to which a parolee, 
probationer, escapee, or absconder may be entitled (prior 
to confinement or reconfinement) by the laws of the send- 
ing state may be had before the appropriate judicial or 
administrative officers of the receiving state. In this 
event, said judicial and administrative officers shall 
act as agents of the sending state after consultation with 
appropriate officers of the sending state. 

(h) Any receiving state incurring costs or other 
expenses under this amendment shall be reimbursed in the 
amount of such costs or other expenses by the sending state 
unless the states concerned shall specifically otherwise 



296 



agree. Any two or more states party to his amendment 
may enter into supplementary agreements determining a 
different allocation of costs as among themselves. 

(i) This amendment shall take initial effect when 
entered into by any two or more states party to the Com- 
pact and shall be effective as to those states which have 
specifically enacted this amendment. Rules and regulations 
necessary to effectuate the terms of this amendment may 
be promulgated by the appropriate officers of those states 
which have enacted this amendment. 

(2) In addition to any institution in which the authori- 
ties of this state may otherwise confine or order the confine- 
ment of a delinquent juvenile, such authorities may, pursuant to 
the Out-of-State Confinement Amendment to the Interstate Compact 
on Juveniles, confine or order the confinement of a delinquent 
juvenile in a Compact Institution within another party state. 

COMMENTARY 



The Interstate Compact on Ju- 
veniles provides for the return of 
runaway juveniles and for the super- 
vision in other states of juveniles 
on parole or probation. The Compact 
also permits states which are party 
to it to enter into special agreements 
for the care of juvenile offenders. 
It has proved to be a useful instru- 
ment for dealing with various prob- 
lems involving juveniles on an 
interstate basis. 

Experience with the Compact 
has demonstrated that under some 
circumstances it is desirable to 



confine a juvenile offender in a 
state other than the one in which 
he committed an offense and 
adjudged delinquent. This cannot 
be done under the basic Compact 
nor can it be done by special 
agreements entered into under the 
Compact except through a process 
of transfer. This Amendment was 
drafted to take care of other 
situations, particularly those 
involving parolees and probationers 
or escapees and absconders, in 
which out-of-state confinement is 
desirable. 



297 



One example of a type of situa- 
tion in which the Amendment would be 
useful is when a juvenile on parole 
or probation being supervised in 
another state commits a violation 
which makes institutionalization 
desirable. Since the juvenile 
was being supervised in the receiv- 
ing state because his family was 
there or for other reasons which 
made it desirable for him to be 
there, it may be preferable to 
place him in an institution in that 
state rather than return him to the 
sending state. Under the basic Com- 
pact this could not be done unless 
new charges of delinquency which 
warranted institutionalization were 
brought. However, under the Amend- 
ment such arrangements could be 
made without filing new charges 
other than violation of parole or 
probation. 

A second example involves 
escapees or absconders who flee to 
another state. If the distance 
involved is great so that costs of 
return would be high, or because 
of other special circumstances, it 
may be better to arrange to place 
the juvenile in an institution in 
the state to which he has fled 
instead of returning him. Again, 
this could be done under the 
Amendment, but not under the Com- 
pact. 



The amendment provides that 
any placement of a juvenile in an 
institution of another state can be 
done only with the concurrence of 
appropriate officials in the two 
states involved. The state in 
which the juvenile is confined 
acts only as an agent for the send- 
ing state. All costs are borne 
by the sending state with the 
amount of payment and other details 
set forth in a contract between 
the two states. Under the Amend- 
ment, two or more states could 
enter into a general contract 
governing all cases arising under 
it or special contracts could be 
drawn for each case. 

The Amendment will be effective 
among any two or more states which 
enact it. Passage of the Amendment 
in no way affects the present Com- 
pact which continues to be in force 
among all party states regardless 
of whether they adopt the Amendment. 



298 



"Article 56. Emancipation, 

" § 7A-631. Who Hay Petition . - Any juvenile who is six- 
teen years of age and who has resided in the same county in 
North Carolina or on federal territory within the boundaries 
of North Carolina for six months next preceeding the filing 
of the petition may petition the court in that county for a 
judicial decree of emancipation. 

COMMENTARY 



A. Summary 

A juvenile may petition the 
District Court in the county where 
he lives for a decree of emancipation 
if he is at least 16 years old and 
has been a resident for six months. 

B. Derivation 

The emancipation Article was 
drafted after studying other state 
provisions with special considera- 
tion to the Maine Revised Statutes 
Annotated, Chapter 15, Part 6, Sec- 
tion 3704 and the IJA/ABA Standards, 
Rights of Minors , 2.1. 



C. Relationship to Existing Law 

There is not currently a 
statute in North Carolina which 
authorizes the emancipation of a 
child under 18 years of age. 
There is also some confusion as 
to whether or not case law empow- 
ers the court to emancipate a 
minor. The proposed section 
would establish clear authority 
for the court to emancipate a 
minor who is willing and capable 
of caring for himself. 



299 



s 7A-632. Petition . - The petition shall be signed and 
verified by the petitioner and shall contain the following in- 
formation: 

(1) The full name of the petitioner, his birth 
date, and state and county of birth; 

(2) A certified copy of the petitioner's birth 
certificate; 

(3) The name and last known address of the parent, 
guardian, or custodian; 

(4) The petitioner's address and length of resi- 
dence at that address; 

(5) The petitioner's reasons for requesting 
emancipation; and 

(6) The petitioner's plan for meeting his own needs 
and living expenses which plan may include a 
statement of employment and wages earned that 
is verified by his employer. 

COMMENTARY 



A. Summary 

A petition for emancipation 
must contain the name, birth date, 
and state and county of the pe- 
titioner's birth; a certified 
copy of the juvenile's birth cer- 
tificate to verify the birth in- 
formation; the name and last 
known address of the juvenile's 
parent, guardian, or custodian; 
the petitioner's address and 
length of time that he has lived 



there; the juvenile's reasons 
for wanting to be emancipated; 
and the juvenile's plan for 
meeting his needs and cost of 
living should he be granted the 
decree. 



300 



B. Relationship to Existing Law 

This is a new section setting 
out the information that will be 



required to initiate an emancipa- 
tion proceeding. 



" § 7A-633. Summons . - A copy of the filed petition 
along with a summons shall be served upon the petitioner's 
parent, guardian, or custodian who shall be named as respon- 
dents. The summons shall include the time and place of the 
hearing and shall notify the respondents to file written 
answer within thirty days after service of the summons and 
petition. In the event that personal service cannot be ob- 
tained, service shall be in accordance with G.S § 1A-1, 
Rule 4 (j). 

COMMENTARY 



A.' Summary 

A summons giving notice of the 
time and place of the emancipation 
hearing, and a copy of the petition 
shall be served on the petitioner's 
parent, guardian, or custodian. 
The summons also notifies them that 
they have 30 days to file an answer 
if they so desire. 



B. Relationship to Existing Law 

This is a new section which 
establishes procedures for no- 
tifying the parent of a juvenile 
requesting emancipation. 



301 



§ 7A-634. Hearing . - The judge, sitting without a jury, 
shall permit all parties to present evidence and to cross- 
examine witnesses. The petitioner shall have the burden of 
showing by a preponderance of the evidence that emancipation 
is in his best interest. Upon finding that reasonable cause 
exists, the judge may order the juvenile to be examined by a 
psychiatrist, a licensed clinical psychologist, a physician, 
or any other expert to evaluate the juvenile's mental or 
physical condition. The judge may continue the hearing and 
order investigation by a court counselor or by the county 
Department of Social Services to substantiate allegations of 
the petitioner . or respondents. 

No husband-wife or physician-patient privilege shall be 
grounds for excluding any evidence in the hearing. 

COMMENTARY 



A. Summary 

There shall be a hearing on 
the request for emancipation at 
which all parties may present 
evidence and cross-examine wit- 
nesses before the judge. The 
petitioner must establish by a 
preponderance of the evidence 
that emancipation is in his best 
interest. If the judge finds 
reasonable cause, he may order 
the juvenile examined to eval- 
uate his mental or physical 
condition. The judge may also 
continue the hearing and order 
the Department of Social Services 



or a court counselor to make an 
investigation. 

No evidence may be excluded 
on the basis of the husband- 
wife or physician-patient privilege, 

B. Relationship to Existing Law 

This is a new section which 
sets out procedures for a judi- 
cial hearing to determine the 
juvenile's need for emancipation. 



302 



" § 7A-635. Considerations for Emancipation . - In de- 
termining the best interest of the petitioner and the need 
for emancipation, the judge shall review the following con- 
siderations : 

(1) The parental need for the earnings of the 
petitioner; 

(2) The petitioner's ability to function as an 
adult; 

(3) The petitioner's need to contract as an 
adult or to marry; 

(4) The employment status of the petitioner and 
the stability of his living arrangements; 

(5) The extent of family discord which may threaten 
reconciliation of the petitioner with his family; 

(6) The petitioner's rejection of parental supervision 
or support ; and 

(7) The quality of parental supervision or support. 

COMMENTARY 



A. Summary 

At the hearing to determine 
if emancipation is in the juvenile's 
best interest, the judge should 
weigh the concerns of all parties 
with regard to the parents need for 
the juvenile's income, the juvenile's 
ability to function as an adult, the 
juvenile's need to contract or marry, 
the employment status and living 
arrangements of the juvenile, prob- 



lems in the family which may hin- 
der or prevent normal family re- 
lations, and the quality of and 
juvenile's reaction to parental 
supervision or support. 



303 



B. Relationship to Existing Law 

This is a new section which 
suggests various factors which the 



judge should consider in determin- 
ing the need for emancipation. 



" § 7A-636. Final Decree of Emancipation . - After 
reviewing the considerations for emancipation, the judge may 
enter a decree of emancipation if he determines: 

(1) That all parties are properly before 
the court or were duly served and failed to 
appear and that time for filing an answer 

has expired; and 

(2) That the petitioner has shown a 
proper and lawful plan for adequately 'providing 
for his own needs and living expenses; and 

(3) That the petitioner is knowingly 
seeking emancipation and fully understands the 
ramifications of his act; and 

(4) That emancipation is in the best interest 
of the petitioner. 

The decree shall set out the court's findings. 

If the judge determines that the criteria in subsections 
(1) through (4) are not met, he shall order the proceeding 
dismissed. 



304 



COMMENTARY 



A. Summary 

After a hearing and careful 
consideration of all the factors 
involved, the judge may enter a 
decree of emancipation if he finds 
that all parties are properly be- 
fore the court, or were served, 
failed to appear and the time for 
answering has past; that the juve- 
nile has shown a proper and law- 
ful plan for meeting his needs; 
that the juvenile understands 
the full implications of his ac- 
tion; and that emancipation is 
in the best interest of the ju- 
venile. 

If the judge decides that 
these criteria have not been 



met, he must dismiss the peti- 
tion. 

B. Relationship to Existing Law 

This is a new section which 
mandates criteria to be met be- 
fore a decree of emancipation 
may issue, unlike the considera- 
tions listed in the previous sec- 
tion which are intended to serve 
only as a guide to the judge in 
considering the need for emanci- 
pation. 



" § 7A-637. Costs of Court . - The judge may tax the costs 
of the proceeding to any party or may, for good cause, order 
the costs remitted. 

The Clerk of Superior Court may collect costs for furnish- 
ing to the petitioner a certificate of emancipation which 
shall recite the name of the petitioner and the fact of the 
petitioner's emancipation by court decree and shall have the 
seal of the Clerk of Superior Court affixed thereon. 



305 



COMMENTARY 



A. Summary 

The judge may remit the costs 
or order any party to pay them. 

The clerk may issue a cer- 
tificate of emancipation, for 
which he may collect appropriate 
costs. 



B. Relationship to Existing Law 
This is a new section. 



" § 7A-638. Legal Effect of Final Decree . - As of entry 
of the final decree of emancipation, 

(1) The petitioner has the same right to 
make contracts and conveyances, to sue and be 
sued, and to transact business as if he were an 
adult. 

(2) The parent or guardian is relieved of all 
legal duties and obligations owed to the petitioner 
and is divested of all rights with respect to the 
petitioner; 

(3) The decree is irrevocable. 
Notwithstanding any other provision of this section, a decree 
of emancipation shall not alter the application of G.S. § 14- 
322.2, G.S. § 14-326.1, or the petitioner's right to inherit 
property by intestate succession. 



306 



COMMENTARY 



A. Summary 

When a decree of emancipation 
has been entered, the juvenile has 
the same rights to make contracts 
and conveyances, to sue and be sued, 
and to transact business as an 
adult. His parents are relieved 
of all legal duties and obligations 
and are divested of all rights with 
respect to the juvenile. However, 
the decree shall not alter the 
responsibility of the parent to 
support the emancipated juvenile 
should he become handicapped or 
the responsibility of an emancipated 
juvenile to support his parents 
or the juvenile's right to inherit 
property by intestate succession. 



Once issued, a decree of 
emancipation is irrevocable. 

B. Relationship to Existing Law 

This is a new section which 
clarifies the legal effect of a 
decree of emancipation. 



" § 7A-639. Appeals . - Any petitioner, parent, or guard- 
ian who is a party to a proceeding under this Article may appeal 
from any order of disposition to the Court of Appeals provided 
that notice of appeal is given in open court at the time 
of the hearing or in writing within ten days after the hear- 
ing. Pending disposition of an appeal, the judge may enter 
a temporary order affecting the custody or placement of the 
petitioner as he finds to be in the best interest of the pe- 
titioner or the State. 



307 



COMMENTARY 



A. Summary 

The juvenile or his parent 
may appeal the decision of the 
judge in an emancipation pro- 
ceeding to the Court of Appeals 
if notice is given in court at 
the hearing or in writing with- 
in 10 days after the hearing. 
Pending the appeal, the judge 
may enter a custody order with 
respect to the juvenile. 



B. Relationship to Existing Law 

This is a new section esta- 
blishing appeal procedures fol- 
lowing a hearing for emancipation. 



§ 7A-640. Application of Common Law . - A married juve- 
nile is emancipated by this Article. All other common law 
provisions for emancipation are superceded by this Article. 



308 



"Article 57, 
"Termination of parental rights, 

" § 7A-641. Legislative Intent; Construction of Article . • 
The General Assembly hereby declares as a matter of legislative 
policy with respect to termination of parental rights : 

(1) The general purpose of this Article is to pro- 
vide judicial procedures for terminating the legal rela- 
tionship between a juvenile and his biological or legal 
parents when such parents have demonstrated that they 
will not provide the degree of care which promotes the 
healthy and orderly physical and emotional well-being 

of the juvenile. 

(2) It is the further purpose o? this Article to 
recognize the necessity for any juvenile to have a perma- 
nent plan of care at the earliest possible age, while at 
the same time recognizing the need to protect all juve- 
niles from the unnecessary severance of a relationship 
with biological or legal parents. 

(3) Action which is in the best interests of the 
juvenile should be taken in all cases where the interests 
of the juvenile and those of his parents or ether persons 
are in conflict; and to that end this Article should be 
liberally construed. 

DERIVATION: G.S. § 7A-289.23. 



309 



§ 7A-642. J urisdiction . - The court shall have exclusive 
original jurisdiction to hear and determine any petition re- 
lating to termination of parental rights to any juvenile who 
resides in, is found in, or is in the legal or actual custody 
of a county Department of Social Services or licensed child- 
placing agency in the district at the time of filing of the 
petition. The court shall have jurisdiction to terminate the 
parental rights of any parent irrespective of the age of the 
parent. A guardian ad litem shall be appointed to represent 
any minor parent under the age of fourteen years. 

DERIVATION: G.S. § 7A-289.24. 



§ 7A-643. Who May Petition . A petition to terminate 
the parental rights of either or both parents to his, her, or 
their minor juvenile may only be filed by: 

(1) Either parent seeking termination of the 
right of the other parent; or 

(2) Any person who has been judicially appointed 
as the guardian of the person of the juvenile; 

(3) Any county Department of Social Services or 
licensed child-placing agency to whom custody of the 
juvenile has been given by a court of competent juris- 
diction; or 

(4) Any county Department of Social Services or 
licensed child-nlacing agcncv to which the juvenile 



has been surrendered for adoption by one of the parents 
or by the guardian of the person of the juvenile, pursuant 
to G.S. § 48-9 (a) (1) ; or 

(5) Any person with whom the juvenile has resided 
for a continuous period of two years or more next pre- 
ceding the filing of the petition. 

DERIVATION: G.S. § 7A-289.24. 

" § 7A-644. Petition . - The petition shall be verified by 
the petitioner and shall be entitled "In re ( last name of j uve - 
nile ) a minor juvenile"; and shall set forth such of the fol- 
lowing facts as are known; and with respect to the facts which 
are unknown the petitioner shall so state: 

(1) The name of the juvenile as it appears on the 
juvenile's birth certificate, the date and place of birth, 
and the county where the juvenile is presently residing; 

(2) The name and address of the petitioner and 
facts sufficient to identify the petitioner as one en- 
titled to petition under G.S. § 7A-643; 

(3) The name and address of the parents of the ju- 
venile. If the name or address of one or both parents 
is unknown to the petitioner, the petitioner shall set 
forth with particularity the petitioner's efforts to 
ascertain the identity or whereabouts of the parent 

or parents . Such information may be contained in an 



311 



affidavit attached to the petition and incorporated there- 
in by reference; 

(4) The name and address of any person appointed as 
guardian of the person of the juvenile pursuant to the 
provisions of Article 1 of Chapter 33 of the General Stat- 
utes, or of G.S. i 7A-545; 

(5) The name and address of any person or agency to 
whom custody of the juvenile has been given by a court of 
this or any other state; and a copy of such custody order 
shall be attached to the petition; and 

(6) Facts which are sufficient to warrant a deter- 
mination that one or more of the grounds for terminating 
parental rights exist. 

DERIVATION: G.S. § 7A-289.25. 



" § 7A-645. Preliminary Hearing; Unknown Parent . - (1) 
If either the name or identity of any parent whose parental 
rights the petitioner seeks to terminate is not known to the 
petitioner, the court shall within ten days from the date of 
filing of the petition, or during the next term of court in 
the county where the petition is filed if there is no court 
in said county in that ten day period, conduct a preliminary 
hearing to ascertain the name or identity of such parent. 

(2) The court may, in its discretion, inquire of any 
known parent of the juvenile concerning the identity of the 



312 



unknown parent and may appoint a guardian ad litem for the 
unknown parent to conduct a diligent search for the parent. 
Should the court ascertain the name or identity of the parent, 
it shall enter a fincing to that effect; and such parent shall 
be summoned to appear in accordance with G.S. § 7A-646. 

(3) Notice of the preliminary hearing need be given 
only to the petitioner who shall appear at the hearing; but 
the court may cause summons to be issued to any person direct- 
ing him to appear and testify. 

(4) If the court is unable to ascertain the name or iden- 
tity of the unknown parent, the court shall order publication 
of notice of the termination proceeding and shall specifically 
order the place or places of publication and the contents of 
the notice which the court concludes is most likely to identify 
the juvenile to such unknown parent. The notice shall be pub- 
lished in a newspaper qualified for legal advertising in accord- 
ance with G.S. § 1-597 and 1-598 and published in the counties 
directed by the court, once a week for three successive weeks. 
Provided, further, the notice shall: 

(a) Designate the court in which the petition is 
pending ; 

(b) Be directed to "the father (mother) (father and 

mother) of a male (female) juvenile born on or about 

in County, 

(date) 

(City) ' (State) ' 

respondent" ; 



313 



(c) Designate the docket number and title of the 
case (the court may direct the actual name of the title 
be eliminated and the words "In re Doe" substituted 
therefor) ; 

(d) State that a petition seeking to terminate the 
parental rights of the respondent has been filed; 

(e) Direct the respondent to answer the petition 
within 30 days after a date stated in the notice, exclu- 
sive of such date, which date so stated shall be the date 
of first publication of notice, and be substantially in 
the form as set forth in G.S. 1A-1, Rule 4 ( j ) (9) (c) ; and 

(f) State that the respondent's parental rights to 
the juvenile will be terminated upon failure to answer the 
petition within the time prescribed. 

Upon completion of the service, an affidavit of the publisher 
shall be filed with the court. 

(5) The court shall issue the order required by subsections 
(2) and (4) within 30 days from the date of the preliminary 
hearing unless the court shall determine that additional time 
for investigation is required. 

(6) Upon the failure of the parent served by publication 
pursuant to subsection (4) to answer the petition within the 
time prescribed, the court shall issue an order terminating all 
parental rights of the unknown parent. 

DERIVATION: G.S. § 7A-289.26. 



314 



" § 7A-646. Issuance of Summons . - Except as provided in 
G.S. § 7A-645 upon the filing of the petition, the court shall 
cause a summons to be issued, directed to the following persons 
or agency, not otherwise a party petitioner, who shall be named 
as respondents : 

(1) The parents of the juvenile; 

(2) Any person who has been judicially appointed 
as guardian of che person of the juvenile; 

(3) The custodian of the juvenile appointed by a 
court of competent jurisdiction; 

(4) Any county Department of Social Services or 
licensed child-placing agency to whom a juvenile has been 
released by one parent pursuant to G.S. § 48-9 (a) (1); and 

(5) The juvenile, if he is 12 years of age or 
older at the time the petition is filed. 

-Provided, no summons need be directed to or served upon any 
parent who has previously surrendered the juvenile to a county 
Department of Social Services or licensed child-placing agency, 
nor to any parent who has consented to the adoption of the juve- 
nile by the petitioner. The summons shall notify the respondents 
to file written answer within 30 days after service of the sum- 
mons and petition and that if the respondents fail to answer, 
the petitioner will apply to the court for the relief prayed for 
in the petition. Service of the summons shall be completed as 
provided under the procedures established by G.S. § 1A-1, Rule 



315 



4 (j); but the parent of the juvenile shall not be deemed to be 
under disability even though such parent is a minor. 

DERIVATION: G.S. § 7A-289.27. 

" i 7A-647. Failure of Respondents to Answer . - Upon the 
failure of the respondents to file written answer to the petition 
with the court within 30 days after service of the summons and 
petition, or within 30 days from the date of first publication 
if service is by publication, the court shall issue an order 
terminating all parental and custodial rights of the respondent 
or respondents with respect to the juvenile, provided the court 
shall order a hearing on the petition and may examine the pe- 
titioner or others on the facts alleged in the petition. 

DERIVATION: G.S. § 7A-289.23. 



" § 7A-648. Answer of Respondents . - (1) Any respondent 
may file a written answer to the petition. The answer shall 
admit or deny the allegations of the petition and shall set 
forth the name and address of the answering respondent or his 
attorney. 

(2) If an answer denies any material allegation of the 
petition, the court shall appoint a licensed attorney as guard- 
ian ad litem for the juvenile to represent the best interests 
of the juvenile. The court shall conduct a special hearing 



316 



after notice of not less than 10 days nor more than 30 days to 
the petitioner, the answering respondent (s) , and the guardian 
ad litem for the juvenile, to determine the issues raised by 
the petition and answer(s) . Notice of the hearing shall be 
deemed to have been given upon the depositing thereof in the 
United States mail, first-class postage prepaid, and addressed 
to the petitioner, respondent, and guardian ad litem or their 
counsel of record, at the addresses appearing in the petition 
and responsive pleading. 

DERIVATION: G.S. § 7A-289.29. 



" § 7A-649. Adjudicatory Hearing on Termination . - (1) The 
hearing on the termination of parental rights shall be conducted 
by the court sitting without a jury. Reporting of the hearing 
shall be as provided by G.S. § 7A-198 for reporting civil trials 

(2) The court may, upon finding that reasonable cause 
exists, order the juvenile to be examined by a psychiatrist, a 
licensed clincial psychologist, a physician, a public or pri- 
vate agency, or any other expert in order that the juvenile's 
psychological or physical condition or needs may be ascertained 
or, in the case of a parent whose ability to care for the juve- 
nile is at issue, the court may order a similar examination of 
any parent of the juvenile. 



317 



(3) The court may for good cause shown continue the hear- 
ing for such time as is required for receiving additional evi- 
dence, any reports or assessments which the court has requested, 
or any other information needed in the best interest of the 
juvenile . 

(4) The court shall take evidence, find the facts, and 
shall adjudicate the existence or nonexistence of any of the 
circumstances set forth in G.S. § 7A-651 which authorize the 
termination of parental rights of the respondent. 

(5) All findings of fact shall be based upon a prepon- 
derance of the evidence. No husband-wife or physician-patient 
privilege shall be grounds for excluding any evidence regarding 
the existence or nonexistence of any circumstance authorizing 
the termination of parental rights . 

DERIVATION: G.S. § 7A-289.30. 

" § 7A-650. Disposition . - (1) Should the court determine 
that any one or more of the conditions authorizing a termination 
of the parental rights of a parent exist, the court shall issue 
an order terminating the parental rights of such parent with 
respect to the juvenile unless the court shall further determine 
that the best interests of the juvenile require that the parental 
rights of such parent not be terminated. 

(2) Should the court conclude that irrespective of the 
existence of one or more circumstances authorizing termination 



318 



of parental rights, the best interests of the juvenile require 
that such rights should not be terminated, the court shall 
dismiss the petition, but only after setting forth the facts 
and conclusions upon which such dismissal is based. 

(3) Should the court determine that circumstances autho- 
rizing termination of parental rights do not exist, the court 
shall dismiss the petition, making appropriate findings of 
fact and conclusions. 

(4) The court may tax the cost of the proceeding to any 
party . 

DERIVATION: G.S. § 7A-289.31. 



" § 7A-651. Grounds for Terminating Parental Rights . - 
The court may terminate the parental rights upon a finding of 
one or more of the following: 

(1) The parent has without cause failed to esta- 
blish or maintain concern or responsibility as to the 
juvenile's welfare. 

(2) The parent has physically abused or neglected 
the juvenile. The juvenile shall be deemed to be physi- 
cally abused or neglected if the court finds him to be 
abused or neglected as defined in Article 41. 

(3) The parent has wilfully left the juvenile in fos- 
ter care for more than two consecutive years without 
showing to the satisfaction of the court that substan- 
tial progress has been made within two years in correcting 

319 



those conditions which led to the removal of the juvenile 
for neglect, or without showing positive response within 
two years to the diligent efforts of a county Department 
of Social Services, a child-caring institution or licensed 
child-placing agency to encourage the parent to strengthen 
the parental relationship to the juvenile or to make and 
follow through with constructive planning for the future 
of the juvenile. 

(4) The juvenile has been placed in the custody of a 
county Department of Social Services or a licensed child- 
caring institution, and the parent, for a continuous per- 
iod of six months next preceding the filing of the petition, 
has failed to pay a reasonable portion of the cost of care 
for the juvenile. 

(5) One parent has been awarded custody of the juvenile 
by judicial decree, or has custody by agreement of the 
parents , and the other parent whose parental rights are 
sought to be terminated has for a period of one year or 
more next preceding the filing of the petition wilfully 
failed without justification to pay for the care, support, 
and education of the juvenile as required by said decree or 
custody agreement. 

(6) The father of a juvenile born out of wedlock has 
not prior to the filing of a petition to terminate his 
parental rights : 



320 



(a) Established paternity judicially or by 
affidavit; or 

(b) Legitimated the juvenile pursuant to provi- 
sions of G.S. § 49-10, or filed a petition for this 
specific purpose; or 

(c) Legitimated the juvenile by marriage to the 
mother of the juvenile; or 

(d) Provided substantial financial support or 
consistent care with respect to the juvenile and 
mother . 



DERIVATION: G.S. § 7A-289.32 



" § 7A-652. Effects of Termination Order . - An order termi- 
nating the parental rights completely and permanently terminates 
all rights and obligations of the parent to the juvenile and of 
the juvenile to the parent, arising from the parental relationship, 
except that the juvenile's right of inheritance from his parent 
shall not terminate until such time as a final order of adoption 
is issued. Such parent is not thereafter entitled to notice of 
proceedings to adopt the juvenile and may not object thereto or 
otherwise participate therein. 

(1) If the juvenile had been placed in the custody of 
or released for adoption by one parent to, a county De- 
partment of Social Services or licensed child-placing 
agency and is in the custody of such agency at the time 
of such filing of the petition, that agency shall, upon 

321 



entry of the order terminating parental rights, acquire 
all of the rights for placement of said juvenile as such 
agency would have acquired had the parent whose rights 
are terminated released the juvenile to that agency pur- 
suant to the provisions of G.S, § 48-9 (a) (1), including 
the right to consent to the adoption of such juvenile. 

(2) Except as provided in subsection (1) , upon 
entering an order terminating the parental rights of one 
or both parents, the court may place the juvenile in the 
custody of the petitioner, or some other suitable person, 
or in the custody of the Department of Social Services or 
licensed child-placing agency, as may appear to be in the 
best interest of the juvenile. 

DERIVATION: G.S. § 7A-289.33. 



" § 7A-653. Appeals; Modification of Order After Affirma - 
tion . - Any juvenile, parent, guardian, custodian, or agency who 
is a party to a proceeding under this Article may appeal from 
an adjudication or any order of disposition to the Court of 
Appeals , provided that notice of appeal is given in open court 
at the time of the hearing or in writing within 10 days after 
the hearing. Pending disposition of an appeal, the court may 
enter such temporary order affecting the custody or placement 
of the juvenile as the court finds to be in the best interest of 
the juvenile or the best interest of the State. Upon the 



322 



affirmation of the order of adjudication or disposition of the 
court by the Court of Appeals, or by the Supreme Court in the 
event of such an appeal, the court shall have authority to 
modify or alter its original order of adjudication or disposi- 
tion as the court finds to be in the best interest of the juve- 
nile to reflect any adjustment made by the juvenile or change 
in circumstances during the period of time the case on appeal 
was pending, provided that if such modifying order be entered 
ex parte , the court shall give notice to interested parties to 
show cause, if any there be, within ten days thereafter, as to 
why said modifying order should be vacated or altered. 

DERIVATION: G.S. § 7A-289.34. 



323 



COMMENTARY 



The Juvenile Code Revision Com- 
mittee unfortunately did not have suf- 
ficient time to give every issue the 
in-depth study which is necessary in 
order to make informed recommendations, 
Termination of parental rights is one 
area which the Committee did not have 
time to adequately investigate. As a 
result, the Committee has incorporated 
this Article from Article 24B of the 
current statutes, without change. 

However, the Committee did dis- 
cuss this issue and noted some areas 
of difficulty which need to be ad- 
dressed in the near future. The 
Committee therefore recommends that 
statutes related to the termination 
of parental rights be reviewed with 
consideration of the following 
points : 

1. The Committee is concerned 
that G.S. § 7A-651 (1) is unreason- 
ably vague and difficult to inter- 
pret. 

2. G.S. § 7A-651 (3) is also 
difficult to interpret. The Com- 
mittee is convinced that it is 
virtually impossible to determine 
what constitutes "diligent efforts" 
by Social Services, a child-caring 
institution, or a child-placing 
agency to encourage the parents 

to strengthen the parental rela- 
tionship with the child. 



3. The Committee is concerned 
that G.S. § 7A-651 (5) may make it 
too simple for one parent to termi- 
nate the rights of the other parent, 
while at the same time leaving the 
parent whose rights were terminated, 
obligated to the child for inheri- 
tance purposes pursuant to G.S. § 
7A-652. 

4. Finally, the Committee re- 
commends that the issue of legal 
representation for indigent parents 
who are parties to a termination of 
parental rights proceeding be con- 
sidered. Under G.S. § 7A-648 (b) , 
the child who is the subject of the 
proceeding is represented by a guar- 
dian ad litem . In addition, G.S. § 
7A-642 authorizes the appointment of 
a guardian ad_ litem to protect the 
interests of a parent under fourteen 
years of age, but the Article does not 
speak to representation for older 
parents who are indigent. 



324 



"Article 58. 
"Judicial Consent for Emergency Surgical or Medical Treatment, 

" i 7A-654. Judicial Authorization of Emergency Treatment ; 
Procedure . - A juvenile in need of emergency treatment under 
Article 1A of Chapter 90 of the North Carolina General Statutes, 
whose physician is barred from rendering necessary treatment by 
reason of parental refusal to consent to treatment, may receive 
such treatment with court authorization under the following 
procedure : 

(1) The physician shall sign a written statement 
setting out: 

(a) The treatment to be rendered and the emer- 
gency need for treatment ; and 

(b) The refusal of the parent, guardian, or 
person standing in loco parentis to consent 
to the treatment; and 

(c) The impossibility of contacting a second 
physician for a concurring opinion on the 
need for treatment in time to prevent im- 
mediate harm to the juvenile. 

(2) Upon examining the physician's written statement 
prescribed in subsection (1) and finding: 

(a) That the statement is in accordance with 
this Article, and 



325 



(b) That the proposed treatment is necessary 

to prevent immediate harm to the juvenile. 
A judge may issue a written authorization for the proposed 
treatment to be rendered. 

(3) In acute emergencies in which time may not per- 
mit implementation of the written procedure set out in sub- 
sections (1) and (2), a judge may, in his discretion, autho- 
rize treatment in person or by telephone upon receiving the 
oral statement of a physician satisfying the requirements of 
subsection (1) and upon finding that the proposed treatment 
is necessary to prevent immediate harm to the juvenile. 

(4) A judge's authorization for treatment overriding 
parental refusal to consent should not be given without 
attempting to offer the parent an opportunity to state his 
reasons for refusal; however, failure of the judge to hear 
the parent's objections shall not invalidate judicial 
authorization under this Article. 

(5) A judge's authorization for treatment under sub- 
sections (1) and (2) shall be issued in duplicate. One 
copy shall be given to the treating physician and the 
other copy shall be attached to the physician's written 
statement and filed as a juvenile proceeding in the office 
of the Clerk of Superior Court. 

(6) A judge's authorization for treatment under sub- 
section (3) shall be reduced to writing as soon as possible, 
supported by the physician's written statement as prescribed 



326 



in subsection (1) and shall be filed as prescribed in sub- 
section (5) . 
A judge's authorization for treatment under this Article shall 
have the same effect as parental consent for treatment. 

Following a judge's authorization for treatment and after 
giving notice to the juvenile's parent, the judge shall conduct 
a hearing in order to provide for payment for the treatment 
rendered. The judge may order the parent or other responsible 
parties to pay the cost of such treatment. If the judge finds 
the parent is unable to pay the cost of treatment, such cost 
shall be a charge upon the county when so ordered. 

This Article shall operate as a remedy in addition to the 
provisions in G.S. § 7A-581 (3). 



327 



Sec. 2. The following sections of the General Statutes 
are repealed: G.S. § 110-22, G.S. § 110-23.1, G.S. § 110-24, 
G.S. § 110-58 through G.S. § 110-64.9, G.S. § 110-115 through 
G.S. § 110-123, G.S. § 134A-18, G.S. § 134A-19, G.S. § 134A-23, 
G.S. § 134A-24, G.S. § 134A-27, G.S. § 134A-28, G.S. § 134A-30 
through G.S. § 134A-33. 

SEVERABILITY CLAUSE 

Sec. 3. If any section or provision of this Act be 
declared unconstitutional or invalid by the courts, the same 
shall not affect the validity of the Act as a whole or any 
part other than the part so declared to be unconstitutional 
or invalid. 



■EFFECTIVE DATE 
Sec. 4. This Act shall become effective January 1, 1980. 



328 



A Bill to be entitled an act to establish the office of juvenile 

JUSTICE. 

The General Assembly of North Carolina enacts: 

Section 1. G.S. § 7A-289.1 through G.S. § 7A-289.7; G.S. 
§ 7A-289.13 through G.S. § 7A-289.16; and G.S. § 7A-289.22 
through G.S. § 7A-289.34 are repealed and the following 
new Articles are added to Chapter 7A: 

"OFFICE OF JUVENILE JUSTICE. 

"Article 59. 
"Powers and Organization. 

§ 7A-655. Office of Juvenile Justice; Purpose . - The 
purpose of this Act is to provide for a uniform statewide sys- 
tem of juvenile justice services by incorporating the existing 
services of intake, probation, aftercare, training schools, 
detention, community-based alternatives, and the Interstate 
Compact on Juveniles, into a single Office. The Office shall 
be accountable to the public, consistent in its system of ser- 
vice delivery and child-oriented. 

11 § 7A-656. Office of Juvenile Justice; Creation . - There 
is hereby established a State office to be known as the Office 
of Juvenile Justice which shall be within the Judicial Depart- 
ment but shall operate separately from the Administrative Office 
of the Courts. 



329 



11 § 7A-657. Office of Juvenile Justice; Transfer of Func - 
tions . - (1) All functions, powers, duties, and obligations 
heretofore vested in the following subunits of the following 
departments are hereby transferred to and vested in the Office 
of Juvenile Justice. 

(a) The Division of Youth Services, Department of Human 
Resources ; 

(b) Youth Services Advisory Committee, Department of 
Human Resources ; 

(c) Juvenile Services Division, Administrative Office 
of the Courts ; 

(d) Administrator of the Interstate Compact, Department 
of Human Resources . 

(2) The Office of Juvenile Justice shall perform such other 
functions as may be assigned by the Chief Justice or his designee 
from among the Associate Justices. 

" § 7A-658. Transfer of Personnel and Property . - All insti- 
tutions and offices cf the Division of Youth Services of the 
Department of Human Resources and the Juvenile Services Divi- 
sion of the Administrative Office of the Courts (including land, 
buildings, equipment, supplies, personnel, or other properties 
rented or controlled for those Divisions) are hereby transferred 
to the Office of Juvenile Justice which shall administer those 
programs as provided by this Act . 



330 



" § 7A-659. Office of Juvenile Justice. Director - 
Deputy Director . - (1) The head of the Office of Juvenile Jus- 
tice shall be the Director. The Director shall be appointed by 
and shall serve at the pleasure of the Chief Justice of the Su- 
preme Court. The Chief Justice may delegate supervision to any 
Associate Justice. The Director shall receive the annual salary 
provided in the Budget Appropriations Act, payable monthly, and 
reimbursement for travel and subsistence expenses at the same 
rate as State employees generally. Service as Director shall be 
equivalent to service as the Director of the Administrative 
Office of the Courts for purposes of entitlement to retirement 
pay or to retirement for disability. The Director shall have 
powers and duties conferred on him by this Article, delegated 
to him by the Chief Justice, and conferred on him by the Consti- 
tution and laws of this State. 

(2) The Director shall appoint a Deputy Director of the 
Office of Juvenile Justice to serve at the pleasure and under 
the supervision of the Director. The Deputy Director shall 
receive the annual salary provided in the Budget Appropriations 
Act, payable monthly, and reimbursement for travel and subsis- 
tence expenses at the same rate as State employees generally. 
The Deputy Director shall assist the Director in the performance 
of his duties and shall perform such additional functions as 
may be assigned by the Director. 



331 



(3) The Director of the Office of Juvenile Justice shall 
appoint an Assistant Director to head each of the following 
divisions: the Division of Court Services, the Division of 
Community-Based Programs, and the Division of Institutional 
Services. The Assistant Directors shall serve at the pleasure 
of the Director. The Director may appoint other assistants 
and employees as are necessary to enable him to perform the 
duties of his office. 



" § 7A-660. Office of Juvenile Justice. Duties and Powers 
of Director . - The Director of the Office of Juvenile Justice 
shall: 

(1) Prepare and submit budget estimates of State 
appropriations necessary for the maintenance and operation 
of the Office of Juvenile Justice and authorize expendi- 
tures from funds appropriated for these purposes; 

(2) Collect and compile statistical data and conduct 
evaluations and studies on juvenile justice; 

(3) Develop a statewide plan for staff development 
and training so that personnel within the Office of Juve- 
nile Justice may be appropriately trained and qualified; 
this plan may include attendance at appropriate professional 
meetings and opportunities for educational leave for aca- 
demic study; 

(4) Assure quality in residential programs and com- 
munity based services which are designed to meet the needs 
of juveniles who need care or services; 

332 



(5) Arrange appropriate coordination and planning 
with the child- serving agencies of the Department of Human 
Resources and promote interdepartmental coordination; 

(6) Procure, distribute, exchange, transfer, and 
assign equipment, books, forms, and supplies as are to be 
acquired with State funds for the Office of Juvenile Justice; 

(7) Have the authority to close a State facility 
operated by the Division of Institutional Services when its 
operation is no longer justified and to transfer State funds 
appropriated for the operation of any State residential 
facility which is closed to fund community-based programs 

or to improve the efficiency of existing facilities, provided 
such actions are approved by the Advisory Budget. 



333 



"Article 60, 
"Division of Community-Based Programs. 

" § 7A-661. Division of Community- Based Programs . - There 
is hereby established, within the Office of Juvenile Justice, 
the Division of Community-Based Programs which shall be organ- 
ized and staffed in accordance with applicable laws and regu- 
lations and within the limits of authorized appropriations. 
This Division is responsible for the development of a compre- 
hensive statewide plan for community-based alternatives to 
training school commitment so that "status offenders," undis- 
ciplined juveniles as defined by G.S. § 7A-507 (29), may be 
kept out of the institutions of this State. The Division of 
Community-Based Programs shall also provide non-residential pro- 
gram disposition options in any case before the court when the 
judge deems these dispositions to be in the best interest of 
the juvenile and the community. 

" § 7A-662. Duties and Powers of Assistant Director of 
Community-Based Programs . - The Assistant Director of Community- 
Based Programs shall serve under the Director of the Office of 
Juvenile Justice and shall assist the Director in performing the 
following powers and duties of his office: 

(1) To assist local governments and private service 
agencies in the development of community-based programs, 
and to provide information on the availability of potential 



334 



funding sources and whatever assistance may be requested 
in making application for needed funding; 

(2) To develop evaluation standards for the objective 
evaluation of all the Division's programs and to develop 
minimum operating standards if necessary; 

(3) To develop a formula for funding, on a matching 
basis, community-based services as provided for in this 
Article. This formula shall be based upon the county's or 
counties ' relative ability to fund community-based programs 
for juveniles. Local governments receiving State matching 
funds for programs under the provisions of this Article 
must maintain the same overall level of effort that existed 
on January 1, 1978. 

" § 7A-663. Purchase of Care or Services from Programs 
Meeting State Standards . - The Division of Community-Based Pro- 
grams may purchase care or services from public or private 
agencies providing delinquency prevention programs or community- 
based services if the programs meet the State standards developed 
under G.S. § 7A-662. As institutional populations are reduced, 
the Office of Juvenile Justice may divert State funds appro- 
priated for institutional programs to purchase such services, 
pursuant to the provisions of the Executive Budget Act. 



335 



" § 7A-664. County Assessment of Youth Needs . - The Board 
of County Commissioners of each participating county shall con- 
duct or arrange for a continuing study of youth needs in the 
county, giving particular attention to the need for delinquency 
prevention programs and community-based services (residential 
or nonresidential) which would provide an alternative to com- 
mitment to training school. The Board of County Commissioners 
may delegate the responsibility to any appropriate board or 
department of county government, or it may contract with an 
appropriate private agency or group for the continued study. 
Adjoining counties may cooperate in continuing such a study on 
a regional basis, utilizing appropriate public or private re- 
sources . 

The Board of County Commissioners of any county may request 
technical assistance from the Director of the Office of Juvenile 
Justice with such study. As each participating county plans for 
its continuing assessment of youth needs in the county or region, 
the county shall submit annual reports to the Office of Juvenile 
Justice. 



336 



"Article 61. 
"Division of Court Services, 

" i 7A-665. Division of Court Services . - There is hereby 
established, within the Office of Juvenile Justice, the Division 
of Court Services which shall be organized and staffed in 
accordance with applicable laws and regulations and within the 
limits of authorized appropriations. The Division shall be 
responsible for planning, organizing, and administering juve- 
nile intake, probation, and aftercare services in all judicial 
districts to the end that juvenile services will be uniform 
throughout the State and of sufficient quality to meet the 
needs of the juveniles under supervision. 

" § 7A-666. Duties and Powers of Assistant Director of 
Court Services . - The Assistant Director of Court Services shall 
serve under the supervision of the Director of the Office of 
Juvenile Justice and shall assist the Director in performing 
the following powers and duties of his office: 

(1) To plan for a statewide program of juvenile intake, 
probation, and aftercare services; 

(2) To appoint the Chief Court Counselor in each ju- 
dicial district; 

(3) To appoint such personnel within the Division of 
Court Services as may be necessary to administer a state- 



337 



wide and uniform system of juvenile intake, probation, and 
aftercare ; 

(4) To develop, promulgate, and enforce the policies, 
procedures, rules, and regulations as he may find necessary 
and appropriate to implement a statewide and uniform pro- 
gram of juvenile intake, probation, and aftercare services. 

" § 7A-667. Duties and Powers of Chief Court Counselors . - 
The Chief Court Counselor in each judicial district shall have 
the following powers and duties : 

(1) To supervise and direct the program of juvenile 
intake, probation, and aftercare services within the district; 

(2) To appoint intake counselors, court counselors, 
secretaries, and other personnel in accordance with the 
personnel policies adopted by the Director; 

(3) To provide in-service training for staff; 

(4) To keep records and make reports as may be requested 
by the Director in order to provide statewide data and infor- 
mation about juvenile needs and services. 

" § 7A-668 Duties and Powers of Court Counselors . - All 
court counselors providing services in juvenile cases shall have 
the following powers and duties: 

(1) To assist the judge as requested in matters 

related to juveniles within the jurisdiction of the court 



338 



as delinquent, undisciplined, abused, neglected, or de- 
pendent or within the Interstate Compact on Juveniles. 
This provision shall not be construed to deprive the De- 
partment of Social Services of the functions assigned to 
it by law in the area of abused, neglected, or dependent 
juveniles . 

(2) To secure or arrange for information concerning 
a case the judge may require before, during, or after a 
hearing ; 

(3) To appear and testify at court hearings; 

(4) To assume temporary custody of a juvenile pursuant 
to G.S. § 7A-536 or when so directed by court order; 

(5) To assist the judge in handling cases where a 
juvenile alleged or adjudicated delinquent or undisciplined 
needs detention care prior to or after a hearing to deter- 
mine the need for detention, or pending admission of the 
juvenile to a training school or other residential program 
as authorized by G.S. § 7A-586; 

(6) To assist the court in finding necessary treat- 
ment, services, or residential placement for a juvenile 
who is under court supervision; 

(7) To furnish each juvenile on probation and his 
parent with a written statement of the conditions of pro- 
bation and to consult with the parent, guardian, or custo- 
dian so that the family may help the juvenile with his 
probation; 



339 



(8) To keep informed concerning the conduct and 
progress of any juvenile on probation or under court super- 
vision through home visits or conferences with the parent, 
guardian, or custodian; 

(9) To see that the conditions of probation are com- 
plied with by the juvenile or to bring any juvenile who 
violates his probation to the attention of the court; 

(10) To make periodic reports to the judge concerning 
the adjustment of any juvenile on probation or under court 
supervision; 

(11) To bring any juvenile on probation to the atten- 
tion of the judge for review and termination when the ju- 
venile's period of probation is ended as provided by G.S. 

§ 7A-592; the counselor may also recommend termination of 
probation prior to the end of the juvenile's period of pro- 
bation when such a recommendation is merited by the progress 
and adjustment of the juvenile. 

(12) To provide supervision for a juvenile transferred 
to his supervision from another court or another state, and 
to provide supervision for any juvenile released from a 
residential program operated by the Division of Institu- 
tional Services . 

(13) To keep informed concerning the conduct and pro- 
gress of any juvenile committed to the Division of Institu- 
tional Services by regularly visiting the juvenile and his 
parent, guardian, or custodian. 



340 



"Article 62. 
"Division of Institutional Services. 

" § 7A-669. Division of Institutional Services . - There 
is hereby established, within the Office of Juvenile Justice, 
the Division of Institutional Services which shall be organized 
and staffed in accordance with applicable laws and regulations 
and within the limits of authorized appropriations. This Divi- 
sion is responsible for administration of the training schools 
of the State and for the implementation of a statew'de regional 
approach to juvenile detention. It is further intended that 
residential and detention programs provide appropriate treatment 
according to the needs of juveniles in care including the follow- 
ing programs or services: educational; clinical and psycholo- 
gical; psychiatric; social; medical; vocational, recreational; 
and others as identified as appropriate by the Assistant Director 
The Division shall coordinate these programs with other services 
for juveniles within the Office of Juvenile Justice and with 
services being provided by the Department of Human Resources. 

" i 7A-670. Duties and Powers of Assistant Director of 
Institutional Services . - The Assistant Director of Institutional 
Services shall serve under the supervision of the Director of the 
Office of Juvenile Justice and shall assist the Director in per- 
forming the following powers and duties of his office: 



> 



(1) To assure quality in services within the training 
schools which shall be designed to meet the needs of juve- 
niles in care or receiving services; 

(2) To develop a sound admission or intake program 
to the training schools, including the requirement of a 
careful evaluation of the needs of each juvenile prior to 
acceptance and placement; 

(3) To provide a quality educational program in each 
training school, including vocational education which is 
realistic in relation to available jobs, and to administer 
this educational system with the advice of the Youth Ser- 
vices Advisory Committee; 

(4) To encourage visits by parents and responsible 
relatives of juveniles in care and to arrange a suitable 
program of home visits; 

(5) To give leadership to the implementation as 
appropriate of State policy which requires that training 
schools be phased out as populations diminish; 

(6) To develop and publish minimum standards for the 
construction and operation of local juvenile confinement 
facilities ; 

(7) To develop, promulgate, and enforce the policies, 
procedures, rules, and regulations as he may find necessary 
and appropriate to implement a statewide and uniform pro- 
gram of institutional services. 



34 2 



" § 7A-671. Authority to Provide Necessary Medical or 
Surgical Care . - The Division of Institutional Services is 
authorized to provide such medical and surgical treatment as is 
necessary to preserve the life and health of a juvenile while 
in care, provided that no surgical operation may be performed 
except as authorized in G . S . § 130-191 and G.S. § 7A-654. 

" § 7A-672. Compensation to Juvenile in Care . - A juvenile 
who has been committed to the Office may be compensated for 
work or participation in training programs at rates approved by 
the Assistant Director within available funds. The Assistant 
Director is authorized to accept grants or funds from any source 
to compensate a juvenile as provided under this section. 

" i 7A-673. Criminal Offense to Aid Escapes . - It is unlaw- 
ful for any person to aid, harbor, conceal or assist any juvenile 
to escape from an institution or youth services program. Any 
person who renders said assistance to a juvenile shall be guilty 
of a misdemeanor. 



" § 7A-67A . Clinical Chaplains for Persons Committed to 
Training Schools . - The Office of Juvenile Justice is authorized 
and directed to employ clinical chaplains to provide moral, 
religious, and social counseling to boys and girls committed to 



343 



the training schools cf the Division of Institutional Services. 
The Office of Juvenile Justice shall seek to employ a diversity 
of qualified persons having differing faiths which are, to the 
extent practical, reflective of the professed religious composi- 
tion of the student population of the residential facilities. 



11 § 7A-675. Minimum Standards . - Standards for the construc- 
tion and operation of detention facilities and facilities of the 
Division of Institutional Services shall be developed by the 
Director of the Office of Juvenile Justice to provide secure 
custody of juveniles, to protect their health and welfare, and 
to provide humane treatment. The standards shall establish cri- 
teria for: 



(1 
(2 
(3 
(4 
(5 
(6 
(7 
(8 
(9 
(10 
(11 



Secure and safe physical facilities; 
Jail design; 

Adequacy of space per juvenile; 
Heat, light, and ventilation; 
Supervision of juveniles; 

Personal hygiene and comfort of juveniles; 
Medical care for juveniles; 
Sanitation; 

Food allowances, food preparation and food handling; 
Educational and recreational programs ; and 
Any other provisions that may be necessary for the safe- 
keeping, privacy, care, protection, and welfare of juve- 
niles . 



:;44 



"Article 53. 
"Regional Detention. 

§ 7A-676. Regional Detention Services . - The Office of 
Juvenile Justice is responsible for juvenile detention services. 

(1) The Office of Juvenile Justice shall plan with 
the counties operating a county detention home to provide 
regional juvenile detention services to surrounding counties. 
The Office shall have some discretion in defining the geo- 
graphical boundaries of the regions based on negotiations 
with affected counties, distances, availability of juvenile 
detention care that meets State standards, and other appro- 
priate variable factors. 

(2) The Office of Juvenile Justice shall plan for and 
administer five or more regional detention homes. Planning 
shall include a study considering location, architectural 
design, construction, and administration of a program to 
meet the needs of a juvenile in juvenile detention care. 
Both the physical facility and the program of a regional 
detention home shall comply with State standards developed 
pursuant to G.S. § 7A-675 and in compliance with this Article. 

§ 7A-677. Authority for Implementation . - In order to allow 
for effective implementation of a statewide regional approach to 
juvenile detention, the Office of Juvenile Justice shall have legal 
authority to do the following: 



345 



(1) To develop rules and regulations which may be 
necessary to fulfill its responsibilities under this Act; 

(2) To plan with counties operating county detention 
homes to provide regional services and to upgrade physical 
facilities, to contract with counties for services and care, 
and to pay State subsidies to counties providing regional 
juvenile detention services that meet State standards de- 
veloped pursuant to G.S. § 7A-675. 

(3) To develop pilot programs to demonstrate quality 
juvenile detention care on a regional basis that meet State 
standards ; 

(4) To develop a plan to reimburse law enforcement 
officers or other appropriate employees of local government 
for the costs of transportation of a juvenile to and from 
any juvenile detention facility; 

(5) To seek funding for juvenile detention services 
from federal sources, and to accept gifts of funds from public 
or private sources . 

11 § 7A-678. State Subsidy to County Detention Homes . - The 
Office of Juvenile Justice shall develop a State subsidy program 
to pay a county detention home which provides regional juvenile 
detention services and meets State standards a certain portion of 
its operating costs and its per capita daily cost per juvenile 
for any juvenile cared for from another county. In general, this 
subsidy should be fifty percent (50%) of the operating costs of 



346 



a county detention home and one hundred percent (1007 o ) of the 
per capita daily cost of caring for a juvenile from another 
county; any county placing a juvenile in the county detention 
home of another county providing regional juvenile detention 
services or a regional detention home should pay fifty percent 
(50%) of the per capita daily cost of caring for the juvenile 
to the Office. The exact funding formulas may be varied by the 
Office to operate within existing State appropriations or other 
funds that may be available to pay for juvenile detention care. 

§ 7A-679. Detention Standards and Services . - In develop- 
ing detention standards as required by G.S. § 7A-675, the Director 
of the Office of Juvenile Justice shall consult with organizations 
representing local government and local law enforcement, including 
the North Carolina Association of County Commissioners, the 
North Carolina League of Municipalities, the North Carolina 
Sheriffs' Association, and the North Carolina Police Executives' 
Association. The Director shall also consult with interested 
State departments and agencies, including the Department of Human 
Resources and the Department of Insurance. 

Before the standards or any amendments thereto may become 
effective, they must be approved by the Youth Services Advisory 
Committee. Upon becoming effective, they have the force and 
effect of law. 



347 



" § 7A-680. Standards and Inspections . - The legal respon- 
sibility of the Director of the Office of Juvenile Justice for 
State services to county juvenile detention homes under this 
Article is hereby confirmed and shall include the following: 
development of State standards under the prescribed procedures; 
inspection; consultation; technical assistance; and training. 
Further, the legal responsibility of the Office of Juvenile 
Justice is hereby expanded to give said Office the same legal 
responsibility as to the state-administered regional detention 
homes which shall be developed as provided by G.S. § 7A-675. 

The Director of the Office of Juvenile Justice shall im- 
plement standards developed for county detention homes and re- 
gional detention homes in line with the recommendations of the 
report entitled Juvenile Detention in North Carolina : A Study 
Report (January, 1973) where practicable. 

The Director of ihe Office of Juvenile Justice shall also 
develop standards under which a local jail may be approved as 
a holdover facility for not more than five calendar days pending 
placement in a juvenile detention home which meets State standards, 
providing the local jail is so arranged that any juvenile placed 
in the holdover facility cannot converse with, see, or be seen 
by the adult population of the jail while in the holdover facility. 
The personnel responsible for the administration of a jail with 
an approved holdover facility shall provide close supervision of 
any juvenile placed in the holdover facility for the protection 
of the juvenile. 



348 



§ 7 A- 681. Inspections of Local Detention and Holdover 
ities . - Office personnel shall visit and inspect each local 
confinement facility at least semiannually. The purpose of the 
inspections is to investigate the conditions of confinement and 
treatment of juveniles and to determine whether the facility 
meets the minimum standards published pursuant to G . S . § 7A-675. 
The inspector shall make a written report of each inspection and 
submit it within thirty days after the day the inspection is 
completed to the governing body and other local officials respon- 
sible for the facility. The report shall specify e^ch way in 
which the facility does not meet the minimum standards. The 
governing body shall consider the report at its first regular 
meeting after receipt of the report and shall promptly initiate 
any action necessary to bring the facility into conformity with 
the standards. 



" § 7A-682. Enforcement of Minimum Standards . - If an in- 
spection conducted pursuant to G.S. § 7A-681 discloses that a local 
confinement facility does not meet the minimum standards pub- 
lished pursuant to G.S. § 7A-675 and, in addition, if the Direc- 
tor determines that conditions in the facility jeopardize the 
safe custody, safety, health, or welfare of persons confined in 
the facility, the Director may order corrective action or close 
the facility, as provided in this section: 

(1) The Director shall give notice of his determination 

to the governing body and each other local official responsi- 



349 



ble for the facility. The Director shall also send a 
copy of this notice, along with a copy of the inspector's 
report, to the senior regular resident Superior Court 
Judge for the judicial district in which the facility is 
located. Upon receipt of the Director's notice, the 
governing body shall call a public hearing to consider the 
report. The hearing shall be held within twenty days after 
the day the Director's notice is received. The inspector 
shall appear at this hearing to advise and consult with 
the governing body concerning any corrective action necessary 
to bring the facility into conformity with the standards. 

(2) The governing body shall, within thirty days after 
the day the Director's notice is received, initiate appro- 
priate corrective action or close the facility. The correc- 
tive action must be completed within a reasonable time. 

(3) If the governing body does not within the thirty 
day period either initiate corrective action or close the 
facility, or does not complete the action within a reason- 
able time, the Director may order that the facility be 
closed. The Director shall by registered mail give notice 
of his order of closure to the governing body and each other 
local official responsible for the facility and to the 
senior regular resident Superior Court Judge. The order 
shall provide for its effective date. 

(4) The governing body may appeal an order of the Di- 
rector to the senior regular resident Superior Court Judge. 



350 



The governing body shall initiate the appeal by giving 

by registered mail to the judge and to the Director notice 

of its intention to appeal. The notice must be given 

within fifteen days after the day the Director's order 

is received. If notice is not given within the fifteen day 

period, the right to appeal is terminated. 

(5) The senior regular resident Superior Court Judge 
shall hear the appeal. He shall cause notice of the date, 
time, and place of the hearing to be given to each interested 
party, including the Director, the governing body, and each 
other local official involved. The judge shall conduct the 
hearing without a jury. The Director, the governing body, 
and each other local official may give any evidence the 
judge finds appropriate, The issue before the court shall be 
whether the facility continues to jeopardize the safe custo- 
dy, safety, health, or welfare of persons confined therein. 
The court may affirm, modify, or reverse the Director's 
order . 



§ 7A-683. Supervision of Local Confinement Facilities . - 
(1) No juvenile may be confined in a local confinement facility 
unless custodial personnel are present and available to provide 
continuous supervision in order that custody will be secure and 
that, in event of emergency, such as fire, illness, assaults by 
others detained, or otherwise, the juveniles can be protected. 
These personnel shall supervise juveniles closely enough to 



o 



51 



maintain safe custody and control and to be at all times informed 
of the juveniles' general health and emergency medical needs. 

(2) In a medical emergency, the custodial personnel shall 
secure emergency medical care from a licensed physician according 
to the unit's plan for medical care. If a physician designated 
in the plan is not available, the personnel shall secure medical 
services from any licensed physician who is available. The unit 
operating the facility shall pay the cost of emergency medical 
services . 

(3) If a person violates any provision of this section, 
he is guilty of a misdemeanor. 

" § 7A-684. Medical Care of Juveniles . - (1) Each unit that 
operates a local confinement facility shall develop a plan for 
providing medical care for juveniles in the facility. The plan 

(a) Shall be designed to protect the health and welfare 
of the juveniles and to avoid the spread of contagious disease; 

(b) Shall provide for medical supervision of juveniles 
detained and emergency medical care for those juveniles to 
the extent necessary for their health and welfare; 

(c) Shall provide for the detection, examination, and 
treatment of juveniles detained, who are infected with tuber- 
culosis or veneral diseases. 

The unit shall develop the plan in consultation with appropriate 
local officials and organizations, including the sheriff, the 
county physician, the local or district health director, and 



352 



the local medical society. The plan must be approved by the local 
or district health director, upon a determination that the plan 
is adequate to protect the health and welfare of the juveniles, 
and must be adopted by the governing body. 

(2) If a juvenile in a local confinement facility dies, the 
medical examiner and the coroner shall be notified immediately. 
Within five days after the day of the death, the administrator 

of the facility shall make a written report to the local or dis- 
trict health director and to the Director of the Office of Juve- 
nile Justice. The report shall be made on forms provided by the 
State Board of Health, and the Board of Health shall develop 
and distribute these forms. 

(3) If a person violates any provision of this section 
(including the requirements regarding G.S. § 130-97 and G.S. § 
130-121), he is guilty of a misdemeanor. 

" § 7A-685. Sanitation and Food . - The rules and regulations 
adopted by the Commission for Health Services pursuant to G.S. 
§ 153A-226 and the procedure for inspection as set out in that 
statute shall apply to detention and holdover facilities. 

§ 7A-686. Training of Detention Personnel . - (1) The 
Director of the Office of Juvenile Justice shall provide for a 
training program for supervisory and administrative personnel 
of local detention facilities . These personnel include the 



353 



sheriff and other elected or appointed officials. The Director 
shall develop the training program in consultation with the 
North Carolina Association of County Commissioners, the North 
Carolina League of Municipalities, and the North Carolina Juve- 
nile Detention Administrators Association. To the extent feasi- 
ble, the training should be provided through the existing educa- 
tional resources of the State. 

(2) Except on a temporary or probationary basis, no person 
(including elected officials) may serve as an administrator of 
a local detention facility unless he has successfully completed 
an approved program of training established pursuant to subsection 
(1) of this section. No person may serve on a temporary or 
probationary basis for longer than one year. 

" § 7A-687. Separation of Sexes; Jailer's Report . - Provi- 
sions and requirements set out in G.S. § 153A-228 and G.S. § 153A- 
229 shall apply to holdover facilities of county jails. 



354 



"Article 64. 

■ 

"Youth Services Advisory Committee. 

" § 7A-688. Committee Created; Duties . The Youth Services 
Advisory Committee of the Office of Juvenile Justice shall advise 
the Director of the Office of Juvenile Justice in the development 
of juvenile justice programs. The Youth. Services Advisory Com- 
mittee has the following duties: 

(1) To study available literature and research findings 
concerning juvenile delinquency, its causes, and various treat- 
ment models , and to make recommendations to the Director regard- 
ing programs which will provide effective treatment and rehabili- 
tation for juveniles in residential facilities and in community- 
based programs; 

(2) To advise the Director in encouraging the development 
of delinquency prevention programs and community-based services 
by private groups so that the programs can be responsive to 
local needs , so that local leadership and private groups can be 
responsible for their programs, so that programs which meet State 
standards can be assisted by available State and federal funds, 
and so that available private funds can be utilized with State, 
federal and local government funds when appropriate; 

(3) To advise the Director of its recommendations for the 
development of a program which would coordinate the resources of 
State government within the appropriate departments in order to 
provide technical assistance to local areas within the State in 



355 



planning delinquency prevention programs and community-based 
services for youth; 

(4) To advise the Director of its recommendations for 
program evaluation standards for delinquency prevention programs; 
community-based services, both residential and nonresidential; 
and institutional treatment programs; 

(5) To advise the Director in the development of delinquency 
prevention programs and community-based services under public 
auspices where there is no local private leadership; 

(6) To make recommendations to the Director for transmittal 
to the Juvenile Justice Planning Committee of the Governor's 
Crime Commission as it develops a comprehensive plan for juvenile 
justice; 

(7) To make recommendations to the Director when he consi- 
ders proposed standards for the placement and supervision of 
delinquent juveniles under the authority of G.S. § 7A-670; 

(8) To review for the Director any applications referred to 
it for federal funds for institutional facilities, delinquency 
prevention programs and community-based services and to make 
recommendations to the Director on the Office's priorities for 
such proposed programs and the appropriate use of available 
federal funds ; and 

(9) To advise and assist the Director on any other matter 
which the Director may refer to it. 



356 



" § 7A-689. Composition of Committee; Terms; Vacancies; 
Meetings ; Expenses . - The Youth Services Advisory Committee con- 
sists of eleven members. The Chief Justice or his designee 
from among the Associate Justices shall appoint two members: 
one person who represents a local delinquency program and one 
concerned citizen who has some knowledge about juvenile delin- 
quency, community-based services, and institutional facilities. 
The Governor shall appoint two members : concerned citizens 
who have some knowledge about juvenile delinquency, community- 
based services, and institutional facilities. One member shall 
be the Superintendent of Public Instruction or his designee. 
One member shall be the Secretary of the Department of Human 
Resources or his designee. One member shall be the Chairman 
of the Governor's Advocacy Council on Children and Youth. 

Four members interested in addressing the problems of 
juvenile delinquency shall be appointed from the General Assembly: 
two by the Speaker of the House of Representatives and two by 
the President of the Senate. 

Initial appointments to the Committee shall be made as soon 
as practical after July 1, 1980, but no later than August 1, 1980, 
for terms that expire on July 1, 1981. Thereafter, the appoint- 
ment of members shall be made as provided for terms of two years. 
Any appointment to fill a vacancy on the Committee created by 
the resignation, dismissal, death, or disability of a member 
shall be for the balance of the unexpired term. 



357 



The Committee shall meet at least quarterly and may hold 
special meetings at any time and place within the State on the 
call of the chairman or upon the written request of five mem- 
bers. A majority of the Committee members shall constitute a 
quorum for the transaction of business. The Chief Justice or 
his designee from among the Associate Justices shall select the 
chairman from the Committee members. The Committee shall elect 
a vice-chairman who shall serve for a term of one year. 

The members of the Committee shall receive per diem and 
necessary travel and subsistence expenses in accordance with the 
provisions of G.S. § 138-5. 

The Chief Justice or his designee from among the Associate 
Justices shall have the power to remove any member of the Com- 
mittee from office for misfeasance, malfeasance, or nonfeasance 
in accordance with G.S. § 143B-16. 

All necessary clerical and other services required by the 
Committee shall be supplied by the Director of the Office of 
Juvenile Justice. 



358 



Sec. 2. The following sections of the General Statutes 
are repealed: G.S. i 110-23, G.S. § 134A-1 through G.S. § 134A- 
2, G.S. § 134A-6, G.S. § 134A-8, G.S. § 134A-20 through G.S. § 
134A-22, G.S. § 134A-25 through G.S. § 134A-26, G.S. § 134A- 
28, and G.S. § 134A-36 through G.S. § 134A-39. 

SEVERABILITY CLAUSE 

Sec. 3. If any section or provision of this Act be 
declared unconstitutional or invalid by the courts, the same 
shall not affect the validity of the Act as a whole or any 
part other than the part so declared to be unconstitutional 
or invalid. 



■EFFECTIVE DATE 
Sec. 4. This Act shall become effective January 1, 1980 



359 



COMMENTARY 

The Juvenile Code Revision Committee discussed at length the organization 
and placement of a single agency. Following endorsement by the Committee of 
a single agency concept, Barbara W. Sarudy was delegated the responsibility 
of detailing the concept for presentation to the Committee. Mrs. Sarudy 
assembled a vast amount of material for the Committee including organizational 
diagrams (See Appendix V) and a draft (See Appendix VI) . Some of the material 
submitted by Mrs. Sarudy to and approved by the Committee is contained in 
this report under the "Single Agency Concept" within recommendations concern- 
ing the co-ordination of services. Based on Mrs. Sarudy' s work, the Chairman 
with the staff, Richard Martin of the Department of Crime Control and Public 
Safety, and Susan Sabre of the Bill Drafting Office of the Legislature pre- 
pared the bill preceeding this commentary and the derivations follow: 

Proposed Statute Derived from 

Article 59 

G.S. § 7A-655 New Section 

G.S. § 7A-656 New Section 

G.S. § 7A-657 New Section 

G.S. § 7A-658 G.S. § 134A-6 

G.S. § 7A-659 New Section 

G.S. § 7A-660 

(1) G.S. § 7A-343 (4) 

(2) G.S. § 7A-289.16 (5) 

(3) G.S. § 7A-289.4 (5) 

(4) G.S. § 134A-8 (4) 



360 



(5) 

(6) 

(7) 
G.S. § 7A-661 
G.S. § 7A-662 

(1) 

(2) 

(3) 
G.S. § 7A-663 
G.S. § 7A-664 



G.S. § 7A-289.14 (3) 

G.S. § 7A-343 (6) 

G.S. § 134A-8 (2) 

G.S. § 7A-289.13 

G.S. § 7A-289.14 (4) 

G.S. § 7A-289.14 (6) 

G.S. § 7A-289.14 (7) 

G.S. § 7A-289.15 

G.S. § 7A-289.16 



Article 61 

G.S. § 7A-665 
G.S. § 7A-666 

(1) 

(2) 

(3) 

(4) 
G.S. § 7A-667 

(1) 

(2) 

(3) 

(4) 
G.S. § 7A-668 

(1) 

(2) 



G.S. § 7A-289.1 

G.S. § 7A-289.4 (1) 

C.S. § 7A-289.4 (3) 

G.S. § 7A-289.4 (2) 

G.S. § 7A-289.4 (6) 

G.S. § 7A-289.5 (2) 

G.S. § 7A-289.5 (1) 

G.S. § 7A-289.5 (3) 

G.S. § 7A-289.5 (4) 

G.S. § 7A-289.6 (4) 

G.S. § 110-23 (1) 



361 



(3) G.S. § 110-23 (3) 

(4) G.S. § 110-23 (4) 

(5) G.S. § 7A-289.6 (2) 

(6) G.S. § 7A-289.6 (1) 

(7) G.S. § 110-23 (5) 

(8) G.S. § 110-23 (6) 

(9) G.S. § 110-23 (7) 

(10) G.S. § 110-23 (8) 

(11) G.S. § 7A-289.6 (3) 
(12). G.S. § 110-23 (12) 
(13) New Section 



Article 62 

G.S. § 7A-669 G.S. § 134A-20 

G.S. § 7A-670 

(1) G.S. § 134A-8 (4) 

(2) G.S. § 134A-8 (3) 

(3) G.S. § 134A-8 (5) 

(4) G.S. § 134A-26 

(5) G.S. § 134A-8 (1) 

(6) G.S. § 153A-220 (2) 

(7) New Section 
G.S. § 7A-671 G.S. § 134A-21 
G.S. § 7A-672 G.S. § 134A-22 
G.S. § 7A-673 G.S. § 134A-25 
G.S. § 7A-674 G.S. § 134A-28 



362 



G.S. § 7A-675 



G.S. § 153A-221 



Article 63 

G.S. § 7A-676 (1) and (2) 
G.S. § 7A-677 

(1) 

(2) 

(3) 

(4) 

(5) 
G.S. § 7A-678 
G.S. § 7A-679 
G.S. § 7A-680 
G.S. § 7A-681 
G.S. § 7A-682 
G.S. § 7A-683 
G.S. § 7A-684 
G.S. § 7A-685 
G.S. § 7A-686 
G.S. § 7A-687 



G.S. § 134A-37 (1) and (2) 

G.S. § 134A-39 (1) 

G.S. § 134A-39 (2) 

G.S. § 134A-39 (3) 

G.S. § 134A-39 (4) 

G.S. § 134A-39 (5) 

G.S. § 134A-38 

G.S. § 153A-221 (b) 

G.S. § 153A-221.1 

G.S. § 153A-222 

G.S. § 153A-223 

G.S. § 153A-224 

G.S. § 153A-225 

G.S. § 153A-226 

G.S. § 153A-227 

G.S. § 153A-228; 

G.S. § 153A-229 



Article 64 

G.S. § 7A-638 
G.S. § 7A-689 



G.S. § 143B-207 
G.S. § 143B-208 



363 



Recommended statutory changes 
not included in the juvenile code 

The Committee recommends that G.S. § 14-21, Rape ; punish- 
ment in the first and second degree , be amended as follows : 

" § 14-21. Rape; punishment in the first and second degree . 
Every person who ravishes and carnally knows any female of the 
age of 12 years or more by force and against her will, or who 
unlawfully and carnally knows and abuses any female child under 
the age of 12 years, shall be guilty of rape, and upon conviction, 
shall be punished as follows: 

(1) First-Degree Rape - 

a. If the person guilty of rape is more than 16 
years of age, and the rape victim is a virtuous 
female child under the age of 12 years, the 
punishment shall be death; or 

b. If the person guilty of rape is more than 16 
years of age, and the rape victim had her re- 
sistence overcome or her submission procured 
by the use of a deadly weapon, or by the in- 
fliction of serious bodily injury to her, the 
punishment shall be death. 

(2) Second-Degree Rape - Any other offense of rape de- 
fined in this section shall be a lesser-included 
offense of rape in the first degree and shall be 
punished by imprisonment in the State's prison 



364 



for life, or for a term of years, in the discretion 

of the court. 
There shall be no presumption of incapacity to commit the crimes 
of rape or assault with intent to commit rape by reason of the 
age of the offender. 

COMMENTARY 



The proposed revision of G.S. 
§ 14-21 would make no change other 
than the addition of a final sen- 
tence, abolishing the outdated 
case law presumption of incapacity 
to commit rape by a juvenile under 



14 years of age. See State v. Pugh , 

52 N.C. 61 (1859); State v. Gray , 

53 N.C. 170 (I860); State v. Sam , 
60 N.C. 293 (1864). 



The Committee recommends that G.S. § 14-316.1, Contributing 
to delinquency and neglect by parents and others , be amended to 
delete (a) and to read as follows : 

Any person over 16 years of age who knowingly or 
wilfully causes, encourages, or aids any juvenile within 
the jurisdiction of the court to be in a place or con- 
dition, or to commit an act whereby the juvenile could 
be adjudicated delinquent, undisciplined, abused, 
or neglected as defined by G.S. § 7A-507 or who engages 
in sexual intercourse with such juvenile shall be guilty 
of a misdemeanor. 

It shall not be necessary for the district court 
exercising juvenile jurisdiction to make an adjudica- 
tion that any juvenile is delinquent, undisciplined, 



365 



abused, or neglected in order to prosecute a parent 
or any other person including an employee of the Office 
of Juvenile Justice under this section. An adjudication 
that a juvenile is delinquent, undisciplined, abused, or 
neglected shall not preclude a subsequent prosecution 
of a parent or any other person including an employee 
of the Office of Juvenile Justice who contributes to the 
delinquent, undisciplined, abused, or neglected condition 
of any juvenile. 

COMMENTARY 



The proposed revision of G.S. 
§ 14-361.1 would delete (a) for 
two reasons. First of all, the 
Committee felt that the language 
was overly vague and could con- 
ceivably subject good parents to 
needless prosecution. In addi- 
tion, the Committee believes that 
subsection (b), which is retained 
in the proposed revision, covers 
all actions which the State should 
justifiably press under subsection 
(a), using more precise language. 

Subsections (b) and (c) of 
G.S. § 14-361.1 have been retained 
in the proposed revision with a 
number of modifications. To begin 
with, the scope of those subject to 
prosecution has been narrowed to 
those seventeen and older. The 
Committee basically believed that 
the statute was designed to regu- 
late conduct by older individuals 
on younger more impressionable 
minds. On the other hand, the 
range of individuals protected 
by the statute has been broadened. 



The proposed statute would apply 
to any child within the jurisdic- 
tion of the court, not just those 
under 16. 

Finally, a statement has been 
added making it clear that staff 
members of our state's training 
schools and detention facilities or 
any other employee of the Office of 
Juvenile Justice are subject to 
prosecution under this statute. 



366 



The Committee recommends that the following be enacted 
as an addition to the General Compulsory Attendance Law, G.S 
§ 115-166: 

The principal shall notify the parent, guardian, 
or custodian of his child's excessive number of ab- 
sences from school after his child has five unexcused 
consecutive absences or ten unexcused accumulated 
absences whichever occurs first and shall notify the 
parent, guardian, or custodian by certified mail that 
he may be prosecuted under the General Compulsory 
Attendance Law. Further, after the child has missed 
five unexcused consecutive school days or has accumu- 
lated 10 unexcused absences, the school attendance 
counselor shall visit the child and his family to 
analyze the causes of the absences and determine 
steps, including adjustment of the school program or 
obtaining supplemental services, to eliminate the 
problem. The attendance counselor may request that 
a law enforcement officer accompany him. 

Upon said notification and after 30 unexcused 
accumulated absences , the burden of proof will be 
on the child's parent, guardian, or custodian to 
demonstrate that he is not responsible for the 
absences. Unless the prosecutor is notified earlier 
the principal shall notify the prosecutor after 30 
unexcused absences. 



367 



Wilful failure to comply with the notification pro- 
visions of this statute shall be punishable by a fine of 
not more than $50.00. 



COMMENTARY 



This proposed addition to G.S. 
§ 115-166 seeks to assure that the 
intent of the law — to assure that 
every child attends school — is car- 
ried out. 

The principal is required to 
notify the child's parents, guard- 
ian, or custodian if their child 
has five consecutive unexcused ab- 
sences. The intent is to be cer- 
tain that parents are aware of the 
problem and to solicit their assis- 
tance in curbing truancy. The no- 
tice must be by certified mail and 
must contain a warning that if 
truancy continues, the parents may 
be prosecuted. It is not the in- 
tention of the Committee to dis- 
courage notice to parents at an 
earlier point in time. In fact 
the Committee believes that every 
single unexcused absence is sig- 
nificant and hopes that many 
schools will move more swiftly 
to confront this problem. How- 
ever, realizing that difficulties 
in geography, personnel, and 
funding do exist to limit the 
ability of some schools to act, 
the Committee is proposing these 
limits as a means of indicating 
when a serious problem may be 
brewing which requires immediate 
attention. 



An attendance counselor also 
must visit the child and his family 
to attempt to resolve any problems 
which may be causing the absences. 
For his own personal protection, 
he may request that a law enforce- 
ment officer accompany him. 

After the notification, if the 
absences continue and reach 30 unex- 
cused absences, the parents may be 
prosecuted and must prove that they 
are not responsible for the child's 
absences. At that point in time, 
the principal must notify the Dis- 
trict Attorney's office, although, 
as stated earlier, it is hoped that 
schools will respond to this problem 
much sooner. 

Finally, there is a possible 
$50.00 fine for wilful failure to 
carry out the duties imposed by the 
revision. 



368 



The Committee recommends that G.S. § 7A-147 (c) be amended 
to read as follows: 

(c) The policy of the State is to encourage special- 
ization in juvenile cases by district court judges who 
are qualified by training and temperament to be effective 
in relating to youth and in the use of appropriate com- 
munity resources to meet their needs. The Administrative 
Office of the Courts is therefore authorized to encourage 
judges who hear juvenile cases to secure appropriate 
training whether or not they were elected to a specialized 
judgeship as provided herein. Such training shall be 
provided within the funds available to the Administrative 
Office of the Courts for such training, and judges attend- 
ing such training shall be reimbursed for travel and sub- 
sistence expenses at the same rate as is applicable to 
other State employees . 

The Administrative Office of the Courts shall develop 
a plan whereby a district court judge may be certified as 
qualified to hear juvenile cases by reason of training, 
experience and demonstrated ability. Any district court 
judge who meets such certification requirements shall 
receive a certificate to this effect from the Administra- 
tive Office of the Courts . In districts where there is 
a district court judge who is certified as qualified to 
hear juvenile cases as herein provided, the chief district 



369 



judge shall assign such cases to this judge where practi- 
cal and feasible. 

COMMENTARY 



The proposed revision of G.S. § 
7A-147 (c) changes only three words 
from the original text. In the first 
line of the second paragraph the word 
"shall" replaces the words "is autho- 
rized to. . . ." 

The Committee believes that 
judges who hear juvenile matters 
should receive special training to 
prepare them for this area of law. 
The General Assembly has encouraged 
specialization and certification by 
its passage of G.S. § 7A-147. How- 
ever, to date there have beer no 
judgeships designated as specialized 
for juvenile justice, no district 
court judges have been certified 
as qualified to hear juvenile cases, 
and no certification plan has been 
forthcoming from the Administrative 
Office of the Courts. 

The Committee considered a 
recommendation that would mandate 
that there be a specialized juve- 
nile judgeship in every judicial 
district filled by a judge certi- 
fied to hear juvenile cases. Realis- 
tically, however, the Committee 
realizes that this would be imprac- 
tical in some districts, due to small 
juvenile caseloads and districts with 
only two or three judges. 



The Committee is recommending 
in another part of this report that 
the Courts Commission be recreated 
and that that body should consider 
creating special judicial districts 
for juvenile cases, served by certi- 
fied juvenile justice specialists. 
In anticipation of that possibility, 
and also to encourage judges pre- 
sently interested in this area to 
receive training, the Committee 
recommends the proposed revision of 
G.S. § 7A-147 (c) to require the 
Administrative Office of the Courts 
to develop a course of instruction 
that will better prepare judges 
to preside over juvenile hearings. 



370 



The Committee recommends that C.S. § 15A-502 (c) be re- 
pealed. 



COMMENTARY 



The Juvenile Code Revision Com- following each of those sections 

mittee recognizes the importance in explains the proposed statute and 

clarifying G.S. § 15A-502 (c) and has its relationship to existing law. 

done so in G.S. § 7A-550 through G.S. 
§ 7A-556 of the Proposed North Caro- 
lina Juvenile Code. The Commentary 



The Committee recommends that G.S. § 7A-343 (4) and (8) 
be amended as follows : 

(4) Prepare and submit budget estimates of State 
appropriations necessary for the maintenance and opera- 
tion of the Judicial Department exclusive of the Office 
of Juvenile Justice and authorize expenditures from funds 
appropriated for these purposes. 

(8) Prepare and submit an annual report on the 
work of the Judicial Department exclusive of the Office 
of Juvenile Justice and transmit a copy to each member 
of the General Assembly. 



371 



COMMENTARY 



The Juvenile Code Revision Com- 
mittee believes that the Office of 
Juvenile Justice should be the lead 
agency in focusing attention on the 
troubled children of this State. 
In order for the Office to effective- 
ly achieve this goal, it must be able 
to address the Legislature as a highly 
visible advocate. In that position, 
the Office should be able to prepare 
a budget that accurately reflects the 
needs of the juvenile justice system 
and must be in a position to support 
and justify financial requests. This 



has not been possible in the past 
due to the fact that juvenile jus- 
tice needs have been minor line 
items in the budgets of large de- 
partments with often conflicting 
interests. 

The proposed revision of the 
duties of the Director of the Admin- 
istrative Office of the Courts mere- 
ly assures that the Office of Juvenile 
Justice will be able to function as an 
independent, unified voice for the 
children of this State. 



372 



APPENDICES 

PAGE 

Children Held in Jail for the Year of 1977 374 

Children Held in Detention Facilities for the Year of 

1977 375 

Description of Existing Detention Facilities 376 

House Bill 981 (Approp . Attendance Counselors) 377 

Office of Juvenile Justice 

Organizational Diagram 379 

Preliminary Draft 384 



373 



APPENDIX I 



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APPENDIX III 



Detention Facility 


Counties 
Served 


Spaces 


How funded 
and operated 


Durham County Youth 
Home 


Durham 
Alamance 
Orange 
Chatham 


16 


Locally 


Buncombe County 
Juvenile Detention 
Home 


Buncombe 


16 


Locally 


Wake County 
Juvenile Detention 
Home 


Wc.ke 

Lee 

Johnson 


14 


Locally with 
state subsidy 


Guilford County 
Juvenile Detention 
Home 


Guilford 
Alamance 
Rockingham 
Randolph 


32 


Locally 


Mecklenburg County 
Juvenile Diagnostic 
Center 


Mecklenburg 

Gaston 

Lincoln 


30 


Locally 


Forsyth County 
Youth Home 


Forsyth, Surry, 
Stokes, Yadkin, 
Davie, and 
Davidson 

1 


17 


Locally with 
state subsidy 


Lower Cape Fear 
Juvenile Services 
Center 


Brunswick 
New Hanover 
Pender 
Columbus 


18 


Locally with 
state subsidy 


Cumberland County 
Juvenile Detention 
Home 

1 


Cumberland 

Anson 

Montgomery 

Richmond 

Moore 

Scotland 

Hoke 

Harnette 

Sampson 

Bladen 

Robeson 


18 


State 



376 




SESSION 1977 



nOUSE DILL 90{ 



APPENDIX IV 



"I 



!.•*-.£«•<•> 



Short Title: Approp. Attendance Counselors. 



(Public) 



F.-onwc: 



Representatives Edwards; Ray. 



Ref erred to : A pprop ri ations, 



1 
2 
3 
ti 
5 
6 

7 

3 

9 
10 
11 
12 

13 
lh 
13' 
16 

17 
18 
19 

20 



April 22, |977 
A BILL TO BE ENTITLED 
AN ACT TO APPROPRIATE FUNDS TO THE STATS BOARD 0? EDUCATION TO 

ENPLOY TRAINED AND QUALIFIED ATTENDANCE COUNSELORS. 
The General Assembly of North Carolina enacts: 

Section |. It is the intent of the General Assembly 
that trainee and qualified attendance counselors shall be 
provided to local education agencies from State funds to provide 
a ratio of one counselor for every 5,000 students in average 
daily membership cr major fraction thereof. 

. 3ec. ' 2. Minimum standards for said attendaiic3 
counselors shall be a bachelor's degree, exception being provided 
for thoso persons having been employed prior to the enactment of 
this provision. Certification requirements for attendance 
counselors shall be established by the state Board of Education 
within 90 days of the ratification of this act. 

Sec. 3. The rate of pay of attendance counselors shall 
be the same as that of entry level teachers except that they 
shall be salaried for \2 months. Guidelines and such other 
regulations as are necessary to define the function of attendance 
counselors shall be established through policy by the State Hoard 

-\n .• . 



oi" [•Muotit.ion. 



4 " . 



».■:?«<• ifM 






r V 



sec. 'i . There is hereby appropriated Cro:.i the goium i 
l'uti'1 to the State Hoard the aciount ol : two million eight hundr< 1 
thousand dollars ($2,800,000) i:or 1 977-70 ana throe uillion ono 
hundred twenty thousand dollars (S3, | 20, 000) for |978-79 to 
enable the board to allot a total of 860 attendance counnselors 
to the | 'i 5 school administrative units. 

See. 5. This act shall become effective on July J, 
| 9 77. 



( 



378 



House Dill 90| 



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383 



APPENDIX VI 
Draft 
August/^978 



AN ACT TO ESTABLISH THE OFFICE OF JUVENILE JUSTICE 

The General Assembly of North Carolina enacts: 

Section 1. A new Article is added to G.S. Chapter 7A to read as 
follows: 

"ARTICLE 
"OFFICE OF JUVENILE JUSTICE. 

"PART 1. GENERAL PROVISIONS. 



"§ 7A- . Office of Juvenile Justice -- Creation . 

There is hereby created and constituted a State Office within the Judicial 

Department to be known as the Office of Juvenile Justice. 



"§ 7A- . Office of Juvenile Justice -- Duties . 

It shall be the duty of the Office of Juvenile Justice to: 

1. Operate juvenile intake probation and aftercare for juveniles alleged 
or adjudicated to be within the jurisdiction of the Juvenile Court. 

2. Operate state institutions for juvenile delinquents. 

3. Coordinate the establishment of community based services for juveniles 
alleged or adjudicated to be within the jurisdiction of the Juvenile Court and 
for the prevention of juvenile delinquency. 

4.' Oversee juvenile detention operations. 

5. Prepare and submit budget estimates of State appropriations necessary 
for the maintenance and operation of the Office of Juvenile Justice and authorize 
expenditures from funds appropriated for these purposes. 



384 



6. Prepare and submit an annual report on the work of the Office of 
Juvenile Justice to the Chief Justice or his designee from among the Associate 
Justices, and transmit a copy to each member of the General Assembly. 

7. Collect and compile statistical data and conduct evaluations and 
studies on Juvenile Justice. 

8. Prescribe uniform administrative and business methods, systems, 
forms, and records to be used in the offices of the clerks of superior court 
relating to Juvenile Justice. 

9. Procure, distribute, exchange, transfer, and assign such equip- 
ment, books, forms, and supplies as are to be acquired with State funds for the 
Office of Juvenile Justice. 

10. Give leadership to the implementation as appropriate of State policy 
which requires that training schools be phased out as pupulations diminish. 

11. Close a State training school when its operation is no longer justi- 
fied and to transfer State funds appropriated for the operation of any training 
school which is closed to fund community-based programs or to purchase care or 
services for pre-delinquents, delinquents or status offenders in community- 
based or other appropriate programs or to improve the efficiency of existing 
training schools, provided such actions are approved by the Advisory Budget 
Commission. 

Develop a sound admission or intake program to youth services in- 
stitutions, including the requirement of a careful evaluation of the needs of 
each child prior to acceptance and placement. 

13. Assure quality programs in youth services institutions or youth 
services programs which shall be designed to meet the needs of children in care 
or receiving services. 



385 



14. Provide a quality educational program in each training school, 
including vocational education which is realistic in relation to available jobs, 
and to administer this educational system with the advice of the Youth Services 
Advisory Committee. 

15. Have all other powers of a secretary in relation to a division of 
youth services or youth services institutions or youth services programs as pro- 
vided by the Executive Organization Act of 1973 as amended and codified in 
Chapter 143B or as provided by any other appropriate State law. (1977, c. 627, 
s.6) 

16. Arrange appropriate coordination and planning with the child-serving 
agencies of the Department of Human Resources and promote interdepartmental 
coordination. 

17. Assist local governments and private service agencies in the devel- 
opment of community-basec programs, and to proyide information on the avail- 
ability of potential funcing sources and whatever assistance may be requested in 
making application for needed funding. 

18. Approve yearly program evaluations and to make recommendations to 
the General Assembly concerning continuation funding that might be supported 
by that evaluation. 

19. Approve program evaluation standards by which all programs developed 
under the provisions of this Article may be objectively evaluated. Minimum 
operating standards as well as program evaluation standards as may be needed for 
new program models designed to fulfill the intent of this Article, may be de- 
veloped at the discretion of the Director by the Director. 

20. Develop a formula for funding on a matching basis community-based 
services. This formula shall be based upon the county-s or counties' relative 

386 



ability to fund community-based programs for juveniles. 

Local governments receiving State matching funds for programs under the pro- 
visions of this Article must maintain the same overall level of effort that 
existed at the time of the filing of the county assessment of youth needs as 
provided in G.S. 7A-289.16. 

21. Perform such additional duties and exercise such additional powers 
as may be prescribed by statute or assigned by the Chief Justice or his designee 
from among the Associate Justices. 

"i 7A- . Office of Juvenile Justice -- functions. -- (a) All functions 
powers, duties and obligations heretofore vested in the following subunits of 
the following departments are hereby transferred to and vested in the Office 
of Juvenile Justice: 

1. The Division of Youth Services, Department of Human Resources; 

2. Youth Services Advisory Committee, Department of Human Resources; 

3. Juvenile Services Division, Department of Administrative Office of 
the Courts; 

(b) The office shall perform such other functions as may be assigned by 
the Chief Justice or his designee from among the Associate Justices. 

"s 7A- . Office of Juvenile Justice — Head, (a) The head of the 
Office of Juvenile Justice is the- Director. The Director shall be appointed by 
the Chief Justice of the Supreme Court or his designee from among the Associate 
Justices, to serve at his pleasure. He shall receive the annual salary pro- 
vide- in the Budget Appropriations Act, payable monthly, and reimbursement for 
trav?i and subsistence expenses at the same rate as State employees generally. 



387 



Service as Director shall be equivalent to service as the Director of the 
Administrative Office of the Court for purposes of entitlement to retirement 
pay or to retirement for disability. The Director shall have such powers 
and duties as are conferred on him by this Article, delegated to him by the 
Governor, and conferred on him by the Constitution and laws of this State. 

(b) The Deputy JSi rector shall be appointed by the Director of the 
Office of Juvenile Justice. The Deputy director shall receive the annual 
salary provided in the Budget Appropriations Act, payable monthly, and re-, 
imbursement for travel and subsistence expenses at the same rate as State 
employees generally. The Director may appoint such other assistants and em- 
ployees as are necessary to enable him to perform the duties of his office. 
The Director shall appoint the chief court counselor in each judicial district. 

"PART 2 
"Division of Youth Services. 

"s 7A- . Division of Youth Services. -- The Division of Youth Services, 
as provided for in G.S. Chapters 134A and 153A is hereby transferred by a Type 
I transfer, as defined in G.S. 143A-6, to the Office of Juvenile Justice. 

"PART 3. 
"Youth Services Advisory Committee. 

"§ 7A- . Youth Seryjce! AaVi^ory. CommUtee. - The Youth Services 
Advisory Committee as provided for in G.S. Chapter 143B is hereby transferred 
by a Type I transfer, as defined in G.S. 143A-6, to the Office of Juvenile 
Justice. 



388 



"PART 4. 
"Juvenile Services Division. 

"§ 7A- . Juvenile Services Division . ■•- The Juvenile Services Division, 
as provided for in G.S. Chapters 7A and 110 is hereby transferred by a Type I 
transfer, as defined in G.S. 143A-6, to the Office of Juvenile Justice. 

DIVISION OF YOUTH SERVICES/CONFORMING CHANGES 

Sec. 2. Whenever the words "Department of Human Resources" are 
used in G.S. 134A-1 through G.S. 134A-39, as said sections appear in the 1977 
supplement to 1974 G.S. Replacement Volume 3B, the same shall be deleted and 
the words "Office of Juvenile Justice" shall be inserted in lieu thereof. 

Sec. 3. Whenever the word "Secretary" is used in G.S. 134A-1 through 
G.S. 134A-39, as said sections appear in the 1977 supplement to 1974 G.S. 
Replacement volume 3B, the same shall be deleted and the words "Director of 
Juvenile Justice" shall be inserted in lieu thereof. 

Sec. 4. Subsection (8) of G.S. 134A-2, as it appears in the 1977 
supplement to 1974 G.S. Replacement Volume 3B, is rewritten to read as follows: 

"Institution'means a school, training school or institution for committed 
delinquents, namely the following: Stonewall Jackson School; Samarkand Manor 

:hool; Dobb's School for Girls; C. A. Dillon School; Juvenile Evaluation 
Center." 

Sec. 5. G.S. 134A-6 as the same appears in the 1977 supplement to 
1974 G.S. Replacement Volume 3B is rewritten to read as follows: "All insti- 
tutions previously operated by the Division of Youth Services of the Department 
of Human Resources and the present central office of said Division of Youth 
Services (including land, buildings, equipment, supplies, personnel, or other 



389 



properties rented or controlled for youth development purposes are hereby trans- 
ferred to the Office of Juvenile Services which shall administer such insti- 
tution and programs as provided by this chapter.'' 

Sec. 6. G.S. 134A-8 as the same appears in the 1977 supplement to 1974 
G.S. Replacement Volume 3B is hereby repealed. 

Sec. 7. G.S. 134A-19 as it appears in the 1977 supplement to 1974 

G.S. Replacement Volume 3B is amended by adding a final sentence to read as 
follows : 

'"if the delinquent committed to the Office is a male, he must be accompanied 
by a male approved by the committing court to the institution or other place desig- 
nated by the Office of Juvenile Justice." 
LOCAL CONFINEMENT FACILITIES/CONFORMING CHANGES 

Sec. 8. Whenever the words "Department of Human Resources" are used in 
G.S. 153A-221.1 as said section appears in the 1978 G.S. Replacement Volume 3C, the same 
shall be deleted and the words "Office of Juvenile Justice" shall be inserted in 
lieu thereof. 

Sec. 9. Whenever the word "Secretary" is used in G.S. 153A-221.1 as 
said section appears in the 1978 G.S. Replacement Volume 3C, the same shall be 
deleted and the words "Director of Juvenile Justice" shall be inserted in lieu thereof. 

Sec. 10. Whenever the words "Department of Human Resources" are used in 
G.S. 143B-207 through G.S. 1433-208 as said sections appear in the 1978 G.S. Replace- 
ment Volume 3C, the same shall be deleted and the words "Office of Juvenile Justice" 
shall be inserted in lieu thereof. 

Sec. 11. Whenever the word "Secretary" is used in G.S. 143B-207 through 
G.S. 143B-208, as said sections apoear in the 1977 G.S. Replacement Volume 3C, the 
same shall be deleted anc the words "Director of Juvenile Justice" shall be inserted 

390 



in lieu thereof. 

Sec. 12. G.S. 143B-207(7) as it appears in the 1978 G.S. Replacement 
Volume 3C is amended on lines land 2 by deleting the words "for transmittal to 
the Social Services Commission". 

Sec. 13. G.S. 143B-208 as it appears in the 1978 Replacement Volume 
3C is rewritten to read as follows: 

"§ 143B-208. Composition of Committee ; te rms ; v acancies ; meetings ; expenses, 
etc . — The Youth Services Advisory Committee shall consist of 11 members. The 
Chief Justice or his designee from among the Associate Justices shall appoint two 
members: one person who represents a local delinquency program and one concerned 
citizen who has some knowledge about juvenile delinquency, community-based ser- 
vices, and training schools. The Governor shall appoint two members % concerned 
citizens who have some knowledge about juvenile delinquency, community- based ser- 
vices, and training schools. One member shall be the Superintendent of Public 
Instruction or his designee. One member shall be the Secretary of the Department 
of Human Resources or his designee. One member shall be the Chairman of the 
Governor's Child Advocacy Committee. 

Four members shall be appointed from the General Assembly, two by the Speaker 
of the House of Representatives and two by the President of the Senate, who shall 
be members of the General Assembly with an interest in youth problems. 

Initial appointments to the Committee shall be made as soon as practical after 
July 1, 1979, but no later than August 1, 1979, for terms that expire on July 1, 
1981. Thereafter, the appointment of members shall be made as provided above for 
terms of two years. Any appointment to fill a vacancy on the Committee created by 
the resignation, dismissal, death or disability of a member shall be for the 
bal-nce of the unexpired term. 

Th^ Committee shall meet at least once in each quarter and may hold special 
meetings at any time and place within the State on the call of the chairman 

391 



or upon the written request of five members. A majority of the Committee members 
shall constitute a quorum for the transaction of business. The Chief Justice 
or his designee from among tne Associate Justices shall select the chairman who 

shall serve at the pleasure of the Chief Justice or his designee from among 
the Associate Justices. The Committee shall elect a vice-chairman who shall 
serve for a term of one year. 

The members of the Committee shall receive per diem and necessary travel 
and subsistence expenses in accordance with the provisions of G.S. 138-5. 

The Chief Justice or his designee from among the Associate Justices shall 
have the power to remove any member of the Committee from office for misfeasance, 
malfeasance or nonfeasance in accordance with G.S. 143B-16. 

All necessary clerical and other services required by the Committee shall be 
supplied by the Director of the Office of Juvenile Justice." 

JUVENILE SERVICES/CONFORMING CHANGES 

Sec. 14 Whenever the words "Administrative Office of the Courts" 
are used in G.S. 7A-289.1 through G.S. 7A-289.16, as said sections appear in 
the 1977 supplement to 1969 G.S. Replacement Volume IB, the same shall be 
deleted and the words "Office of Juvenile Justice" shall be inserted in lieu 
thereof. 

Sec. 15 Whenever the word "Administrator" is used in G.S. 7A-289.1 
through G.S. 7A-289.16, as said sections appear in the 1977 supplement to 1969 
G.S. Replacement Volume IB, :he same shall be deleted and the words "Director 
of Juvenile Justice" shall be inserted in lieu thereof. 

Sec. 16. The title of Article 24 of Chapter 7A, as said title appears 
in the 1977 supplement to 1969 G.S. Replacement Volume IB is amended by striking 



392 



the words "Juvenile Services" and by inserting in lieu thereof the words "Intake, 
Probation and Aftercare". 

Sec. 17. G.S. 7A-289.20) as said section appears 

in the 1977 supplement to 1969 G.S. Replacement Volume IB is hereby repealed. 

Sec. 18. G.S. 7A-289.2(2). as said section appears 
in the 1977 supplement to 1969 G.S. Replacement Volume IB, is amended by strik- 
ing the words "Department of Correction" and by inserting in lieu thereof the 
words "Office of Juvenile Justice". 

Sec. 19. G.S. 7A-289.2(6) as said section appears 

in the 1977 supplement to 1969 G.S. Replacement Volume IB, is hereby repealed. 



Sec. 20. G.S. 7A-289.3, as said section appears in the 1977 supplement 
to 1969 G.S. Replacement Volume IB is rewritten to read as follows: 

"§ 7A-289.3 Intake , probation and aftercare . -- The Office of Juvenile Justice 
shall be responsible for administration of a statewide and uniform system of 
juvenile intake, probation and aftercare services in all judicial districts of 
the State. The Director of Juvenile Justice shall be responsible for planning, 
organizing and administering juvenile probation and aftercare services on a 
statewide basis to the end that juvenile services will be uniform throughout the 
State and of sufficient quality to meet the needs of the children under super- 
vision." 

Sec. 21. G.S. 7A-289.4 as said section appears in the 1977 supplement 
to 1969 G.S. Replacement Volume IB, is rewritten to read as follows: 

"§ 7A-289.4. Duties and Powers of Director of Juvenile Justice. -- The Director 

393 



of Juvenile Justice shall have the following powers and duties under the super- 
vision of the Chief Justice or his designee from among the Associate Justices: 

(1) To plan for a statewide program of juvenile intake, probation and after- 
care services; 

(2) To study the various issues relating to qualifications, salary ranges, 

appointments of personnel on a merit basis (including chief court counselors,, 
court counselors, secretaries and other appropriate personnel) at the State and 
district levels and to adopt such personnel policies as he finds to be in the 
best interest of the juvenile services program; 

(3) To develop a statewide plan for staff development and training so that 
juvenile, court judges, chief court counselors, court counselors and other 
personnel responsible for juvenile services may be appropriately trained and 
qualified; such plan may include attendance at appropriate professional meetings 
and opportunities for educational leave for academic study; 

(4) To develop, promulgate and enforce such policies, procedures, rules and 
regulations as he may find necessary and appropriate to implement a statewide 
and uniform program of juvenile intake probation and aftercare services. 

Sec. 22. G.S. 7A-289.13 as said section appears in the 1977 Supplement 

to the 1969 G.S. Replacement Volume IB 

is amended in line 3 by deleting the words "Division of Youth Development, Depart- 
ment of Human Resources or other state agencies" and inserting in lieu thereof 
the following words: "Office of Juvenile Justice". 

Sec. 23. G.S. 7A-289.14, as said section appears in the 1977 supplement 
to 1969 G.S. Replacement Volume IB, is hereby repealed. 



394 



Sec. 24. G.S. 7A-289.15, as said section appears in the 1977 supplement 

to 1969 G.S. Replacement Volume IB, is amended in the last sentence by deleting 

the word "Governor" and inserting in lieu thereof the following words: "Chief 
Justice or his designee from among the Associate Justices." 

Sec. 2 5, Whenever the words "Department of Human Resources"are used in 
G.6. 110-21 through G.S. 110-44, as said sections appear in the 1978 G.S. Replace- 
ment Volume 3A, Part I, the same shall be deleted and the words "Office of 
Juvenile Justice" shall be inserted in lieu thereof. 

Sec. 26. G.S. 110-23(12), as the same appears in the 1978 G.S. Replace- 
ment Volume 3A, Part I, is amended in line 3 by deleting the words "Department 
of Correction when requested by such Department" and inserting in lieu thereof the 
following words: "Office of Juvenile Justice when requested by such Office". 

SOCIAL SERVICES COMMISSION/CONFORMING CHANGES 

Sec. 27. G.S. 143B-153(2)c . as said section appears in the 1978 G.S. 
Replacement Volume 3C is amended in line 1 by deleting the words "and delinquent". 

Sec. 28. G.S. 143B-153 as said section appears in the 1978 G.S. Replace- 
ment Volume 3C, is further amended by inserting a new subsection (7) to read as 
follows : 

"(7) The Commission shall have the power and authority, in conjunction with the 
Office of Juvenile Justice, to assure that treatment services are provided to 
children referred to the county departments of social services by the Office of 
Juveni le Justice." 

Sec. 29. G.S. 143B-153 as said section appears in the 1978 G.S. Replace- 



395 



merit Volume is further amended by changing the number of subsection "(7)" to 
subsection "(8)". 



COMMISSION FOR MENTAL HEALTH AND MENTAL RETARDATION SERVICES/CONFORMING 

CHANGES 

Sec. 30. G.S. 1 43B-1 47 as said section appears in the 1978 G.S. Replace- 
ment Volume is amended by adding a new subsection (4) to read as follows: 

"(4) The Commission shall have the power and authority, in conjunction with the 
Office of Juvenile Justice, to assure that treatment services are provided to 
children referred to local, regional or state mental health facilities by the Office 
of Juvenile Justice." 

Sec. 31. G.S. 143B-147 as said section appears in the 1978 Replace- 
ment Volume is further amended by changing the number of subsection "(4)" to 
subsection "(5)". 

Sec. 32. If any provision of this act or the application thereof to 
any person or circumstance is held invalid, the invalidity does not affect other 
provisions of the act or applications which can be given effect without the in- 
valid provision or application, and to this end the provisions of this act are 
severable. 

Sec. 33. All transfers of personnel, equipment, appropriations and 
functions of an agency or division transferred by this act to the Department 
of Crim* Control and Public Safety shall be completed by October 1, 1979 but the 
Director of the Office of Juvenile Justice shall have authority over such personnel, 
equipment, appropriations and functions transferred by this act upon the effective 
date of this act. 

Sec. 34. This act shall become effective on July 1, 1979. 



396 



ADDENDA 

Page 

I. Public Hearing of the Juvenile Code Revision Committee 398 

II. Written Presentations to the Juvenile Code Revision 

Committee 410 

III. Representatives of Agencies Testifying at the Request of 

the Committee 412 

IV. Additional Persons Interviewed 414 

V. Recently Enacted and Proposed Codes of Other States Reviewed 420 

VI. Books 422 

VII. Government Documents 424 

VIII. Reports 425 



397 



ADDENDA 



I. PUBLIC HEARINGS OF THE JUVENILE CODE REVISION COMMITTEE 



April 29, 1977 - Raleigh 
Dr. Lenore Behar 

Pitt Dickey 

Wayne Heasley 
William M. Sheffield 
Dr. Gary Timbers 



Chief of Childrens 1 Services 
Division of Mental Health 

Attorney and former Assistant 
Director for Administration, 
Division of Youth Services 

Former Director 

Mecklenburg County Youth Services Bureau 

Former Chairman of the Youth 
Services Commission 

President 

North Carolina Association of 

Community-Based Services for Children 

and Youth 



May 26, 1977 - Raleigh 
Jean Donovan 

Sue Glasby 

Doris Horton 

Carolyn Stevens 

Mary Tate 

James Wall 
Bob Wilson 



Forsyth Juvenile Justice Council 
Winston-Salem, North Carolina 

Head, Children's Services Branch 
Division of Social Services 

Attendance Counselor 
Pittsboro, North Carolina 

Neuse River Council of Government 
(Nine Counties) 

Attendance Counselor and 
President of North Carolina School 
of Social Services 

Attorney at Law 
Wilmington, North Carolina 

Youth Services Bureau 
Greensboro, North Carolina 



398 



May 27, 1977 - Raleigh 
Dr. Thomas Danek 

Bill Harrington 
Wayne Heasley 

Dr. Dale Johnson 
Earl B. Lloyd 

Elizabeth Mann 

Senator Katherine Sebo 
Captain S. B. Simpson 

Tom Wilson 



Administrator 

Juvenile Services Division 

Administrative Office of the Courts 



Former Director 

Mecklenburg County Youth Services 

Bureau 

Formerly with the 
Division of Youth Services 

Chief of Police, Kings Mountain 
Formerly with the Training Academy 
San Diego, California 

Attendance Counselor 
Sanford, North Carolina 

North Carolina Senate 

Youth Division 

Greensboro Police Department 

Director 

Watauga County Department of 

Social Services 



June 9, 1977 - Raleigh 
Dr. Hal Harris 

Judge Milton Read 

Dr. William Buriingame 



Community Guidance Clinic 
Durham, North Carolina 

District Court Judge 
14th Judicial District 

Unit Director 
Adolescent Unit 
John Umstead Hospital 
Butner, North Carolina 



June 10, 1977 - Raleigh 
Judge Thomas D. Cooper, Jr, 

Henry Cox 



District Court Judge 
15A Judicial District 

Eastern Regional Supervisor 
Administrative Office of the Courts 



399 



Jean Donovan 
Albert Edwards 
Shirley Gaines 
Bob Johnson 

Donald Morrison 

Nancy Patteson 
Benjamin Ruff in 
Jerry Smith 

James Wall 



Forsyth Juvenile Justice Council 
Winston-Salem, North Carolina 

Representative of Youth Energy Network 
Wins ton- Sal em, North Carolina 

Field Consultant 

North Carolina Office for Children 

Associate Director 
Youth Services Bureau 
Greensboro, North Carolina 

Director 

Johnston County Department 

of Social Services 

Chief Court Counselor 
7th Judicial District 

Human Relations Council 
Raleigh, North Carolina 

Coordinator 

Youth Energy Network 

Winston-Salem, North Carolina 

Attorney at Law 
Wilmington, North Carolina 



July 6, 1978 - Charlotte 
John R. Dietrick 

Dan Shearer 

J. Reid Potter 



Rosa Jones 



Peter Gilchrist 



President 

North Carolina Juvenile Detention 

Administrator's Association 

Executive Director 
Youth Homes, Inc. 
Charlotte, North Carolina 

Attorney at Law 
Charlotte, North Carolina 

Intake Counselor 

26th Judicial District 

District Attorney 
26th Judicial District 



400 



Robert F. Thomas 

Tommy Smith 
Gil Jardine 

Eugene Deal 

Lois Springer 

Parks Todd 

Maggie Lamb Nicholson 
Mike Penney 



Attorney for the Charlotte Police 
Department and President of the 
Police Attorneys Association 

County Police Department 
Charlotte, North Carolina 

Criminal Justice Department 
University of North Carolina at 
Charlotte 

Chief Court Counselor 
26th Judicial District 

Stanly County Department of 
Social Services 

Former Assistant Director of Division 
of Youth Services 



July 7, 1978 - Asheville 
Don Paget t, 

Roy Eller 

Betty Gene Alley 
Janet Kelly 
Betty Harris 
Beth Letherman 

Larry Stoker 
Dr. Jerry Coffey 



Director 

Juvenile Evaluation Center 

Swananoa, North Carolina 

Program Director 

Juvenile Evaluation Center 

Swananoa, North Carolina 

Chief Court Counselor 
30th Judicial District 

Asheville-Buncombe Youth 
Services Action Group 



State Juvenile Detention Consultant 

Social Worker 

Henderson County Dept. of Social 

Services 

Assistant Public Defender 
Buncombe County 

Smoky Mountain Area Mental Health 



401 



Dcrothy Crawford 
Burnice Lewis 

J. Louis Parrish 
Vicki Church 

Bob Jones 

July 12, 1978 - Raleigh 
Lieutenant H, L. Moore 

Sylvia Ruby 
Lofi Hirshman 

Susan Kepley 

Lieutenant C. T. Gumm 
Dennis Grady 
Janet Currie 
Bob Atkinson 

William Casey 
Fletcher Hubbard 
Dennis Grady 



Macon County 

Department of Social Services 

Field Consultant 

Community Based Alternatives 

Division of Youth Services 

Intake Counselor 

28th Judicial District 

Director 

Youth and Family Counseling Services 

Lexington, North Carolina 

Court Counselor 

28th Judicial District 



Juvenile Squad 

Raleigh Police Department 

Chairman of Wake County Task Force 

Educational Services for 
Exceptional Children 

Chairman 

North Carolina Lutheran Women's 

Task Force on Children 

Youth Division 

Burlington Police Department 

Deputy Director 

Division of Youth Services 

Court Counselor 

20th Judicial District 

Assistant Director 
Institutional Services 
Division of Youth Services 

Director 

Wake County Juvenile Detention Center 

Chief Court Counselor 
11th Judicial District 

Deputy Director 

Division of Youth Services 



402 



July 13, 1978 - Hickory 
Bruce Marshall 

Benjamin R. Carpenter 



Helen Cunningham 
James Melton 

Howard Brown 



Past President of the North Carolina 
Social Services Association 

Past President of the North Carolina 
Directors of County Departments of 
Social Services and Director 
Gaston County Department of Social 
Services 

Chief Court Counselor 

Lincoln County Department 
of Mental Health 

Statesville Police Department 



July 14, 1978 - Winston Salem 
Jean Donovan 

Douglas Punger 

Mrs. Betty Harris Cox 
John C. Candillo 

Captain S. B. Simpson 
Harold Ellison 

Claire McNaught 

Catherine B. Ebert 

Judge William Freeman 
Willard S. Barber 

Louise Coggins 



President 

Forsyth Co. Juvenile Justice Council 

Attorney for the Winston-Salem-Forsyth 
County Schools 

State Juvenile Detention Consultant 

Court Counselor II 
21st Judicial District 

Greensboro Police Department 

Inmate 

Cherry Street Advancement Center 

Public Safety Attorney 
Winston Salem 

Co ordinator 

School Social Work Services 

Forsyth County 

21st Judicial District 

Sgt. (Juvenile Officer) Reidsville 
Police Department 

Social Worker 
Forsyth County 
Mental Health 
Children and Youth 



403 



Lise Cagle 



Daniel Bolz 



George King 



Linda Garrou 



Jim Weakland 



Social Worker 

Forsyth County Mental Health 

Children and Youth 

Supervisor 

Protective Services 

Forsyth County Department of Social 

Services 

Social Worker 
Protective Services 

Forsyth County Department of 
Social Services 

Assistant Coordinator 

Forsyth Juvenile Justice Council 

Chief Court Counselor 

21st Judicial District 



Ed Carr 

Martha Lauten 
Jean Donovan 



Director 

Youth Opportunity Homes 

Chief Court Counselor 

Representing Youth Services Advisory 
Committee 



Bill B. Harris 

Ellen White 
Dan Beerman 

Rex B. Yates 

Jerry Smith 
James C. Queen 



Attendance Counselor 
High Point Schools 

Forsyth Juvenile Justice Council 

Director 

Youth and Family Support Project 

Chief Court Counselor 
23rd Judicial District 

Youth Energy Network 

Chief Court Counselor 
19th Judicial District 



July 19, 1978 - Fayetteville 
Sandra Edwards 



Cumberland County Department of 
Social Services 



Willie Carter 



Intake Counselor 

16th Judicial District 



404 



Jeanette Council 
Jack T. Gulledge 



Larry J. McGlothlin 

W. T. Brown 
Robert H. Hughes 

Ho sea Brower 

Jo Ann Bush 

John Clark 

Gary Collins 

Henry Cox 

Ed Taylor 

Marvin Edmunson 

Don Barber 

SFC Robert Anneheim 

Ida Ray Miles 



Youth Services Advisory Committee 

Director 

Richmond County Youth Services 
Center and Executive Director 
Richmond County Citizen's Commission 
for Children and Youth 

Attorney for the Cumberland County 
Sheriff's Department 

School Principal 

Chief Court Counselor 
16th Judicial District 

Director 
Samarkand Manor 

Program Services Co-ordinator 
Samarkand Manor 

Community Based Alternatives Field 
Consultant, Division of Youth Services 
And Former Chief Court Counselor 

Court Counselor 

16th Judicial District 

Regional Supervisor 

Administrative Office of the Courts 

Assistant Administrator 
Juvenile Services Division 

Juvenile Offices 

Cumberland County Sheriff's Department 

Intake Counselor 

4th Judicial District 

Juvenile Probation Counseling Section 
Fort Bragg 

Chief Court Counselor 
4th Judicial District 



July 20, 1978 - Raleigh 
Jim Ulrick 

Mrs. Pat Bullard 



Court Psychologist 
10th Judicial District 

Executive Director 

North Carolina Social Services Association 



405 



Dr. Lenore Behar 



Lieutenant C. J. Brown 
Reece C. Trimmer 

Larry Stegall 

Barbara Smith 

Steve Williams 

Ethel Fuller 

W. P. Edwards 
Katherine Ho Imam 

Ann SI If kin 

Steve Shaber 
Mike Swann 

Lieutenant David Williams 



Chief 

Children and Youth Services 
Division of Mental Health and Mental 
Retardation Services 

Durham Police Department 

Police Attorney 

Durham Police Department 

Director 

Child Advocacy Commission of Durham 

Lobbyist 

League of Wcm^n Voters of North 

Carolina 

Chief Court Counselor 
10th Judicial District 

Caswell County Department of Social 
Services 

Graham Police Department 

Alamance County Department of Social 
Services 

Attorney at Law 
Thorp and Anderson 

Attorney at Law 

Attorney at Law 

Ragsdale, Liggett & Cheshire 

University Police Department 
Chapel Hill 



406 



July 21, 1978 - Wilmington 
Betty Harris-Cox 

Cliff Duke 

Jimmy E. Godwin 
Kyle Ramey 

Detective R. A. Noville 

Deputy J. B. Stinson 

The Honorable Gilbert H. Burnette 



North Carolina Juvenile Detention 
Association of Detention Directors 

Police Attorney 

Wilmington Police Department 

Chief Court Counselor 

Resident Director 
Boys Home 
Lake Waccamaw 

Wilmington Police Department 

New Hanover County Sheriff's Department 

Chief District Court Judge 
5th Judicial District 



July 25, 1978 - Elizabeth City 
Thomas S. Watts 

John R. Brady, 

Vernon Buffalo 

Superintendent James P. Harrell 
Robert Hendrix 

Mary Plyer 



Clara Boswell 



Jean Biggs 



Ray Goodwin 



District Attorney 
1st Judicial District 

Chief Court Counselor 
6th Judicial District 

Intake Counselor 

6th Judicial District 

Perquimans County Public Schools 

Chief Court Counselor 
1st Judicial District 

Gates County Department of 
Social Services 

Director 

Edenton-Chowan Alternative School 

Director 

Martin Courity Department of 

Social Services 

Chairman 

Criminal Justice Department 
Nash Technical Institute 
Rocky Mount 



407 



The Honorable Grafton Beaman 



District Court Judge 
1st Judicial District 



July 26, 1978 - Kinston 
Alma D. Johnson 



Jerry A. Smith 



Mary McMichael 
Donna Ramsey 

Nancy Patteson 
William H. Burwell 
Doretha Branch 

Jimmy Blalock 

Charles A. Hough, Jr 

Sgt. Calvin Craft 
Ed Taylor 

Carolyn Harding 

Tom Everette 



Chief 

Family Services Division 
Wilson County Department of 
Social Services 

Director 

Wilson County Department of 

Social Services 

Regional Office of the Hines Division 

of Social Services 

Greenville 

Wayne County Department of 
Social Services 

Intake Counselor 

Director 

Dobbs Training School 

Chief Court Counselor 
7th Judicial District 

Onslow County Law Enforcement 
Legal Advisor 

Director 
Dobbs School 
Kinston 

Juvenile Division 

Wilson County Police Department 

Chief Court Counselor 
2nd Judicial District 

Winterville Police Department 

Assistant Administrator 
Juvenile Services Division 

Attendance Counselor 
Washington City Schools 

Court Counselor 

2nd Judicial District 



408 



A verbatim transcript of the record of testimony from the public hearings 
is on tape in the office of the Division of Crime Control. 



409 



II. WRITTEN PRESENTATIONS TO THE COMMITTEE WERE MADE 3Y THE FOLLOWING: 



Janes A. Adams, Superintendent 
and Palmer G. Friende, Assistant 
Superintendent 

Kenneth F. England, Superintendent 
and Howell H. Steed, Director of 
Pupil Personnel Services 

Katheryn Lewis 



Donna Ramsey 



Forsyth County Schools 



Vance County Board of Education 

Director of Pupil Personnel 
Pitt County Board of Education 

President 

North Carolina Juvenile Correctional 

Association 



Sargeant Jerry J. Mitcham 



President 

North Carolina Juvenile Officers' 

Association 



Steve Shepherd 
Larry D. Whitlock 

W. T. Gartman, Jr. 



Alma D. Johnson, Chief 

of Family Services Division 

and Jerry A. Smith, Director 

Dr. Raymond J. Michalowski, 
Associate Professor, and 
Barbara Kaplan 

Patricia E. Hamlin, Social 
Work Supervisor and 
Carl R. Brittain, ACSW 
Director 

Virginia Turner 



Hendersonville Police Department 

Coordinator 

Human Resources Program 
Western Piedmont College 

Associate Professor 
Department of Social Work 

and Correct i.onal Services 
East Carolina University 

Wilson County Department of 
Social Services 



University of North Carolina 
at Charlotte 



Surrey County Department 
of Social Services 



Director, Buncombe 

County Juvenile Detention Home 



410 



Edwin E. Koontz 



Director 

Rowan County Department 

of Social Services 



Katherine Isbell 



Wake Forest, 
North Carolina 



Geoffrey B. Pagett 



Co-ordinator of Volunteer Services 
15th Judicial District 



Mark D. Vinson 



Juvenile Court Counselor 
4th Judicial District 



Suzanne Gray, Supervisor 



Family and Children's Services Unit 
Beaufort County Department of 
Social Services 



411 



III. REPRESENTATIVES OF AGENCIES TESTIFYING AT THE REQUEST OF THE COMMITTEE : 
April 15, 1977 



Department of Human Resources 



Division of Youth Services 



Office of Community Program 
Coordination 

Special Projects 
Office of the Secretary 
Department of Human Resources 

Title XX Juvenile Delinquency 

Prevention 



Dr. Sarah Morrow 
Secretary 

William Windley 
Director 

Dennis Grady, Director 



Lou Christian 



Beth Barnes 
Former Coordinator 



May 12, 1977 

Greensboro Police Department 



Captain S. B. Simpson 
Youth Division 



May 13, 1977 

Children's Services 
Division of Mental Health 

Children's Services Branch 
Division of Social Services 

Division of Youth Services 



Division of Vocational 
Rehabilitation 

Educational Specialist for 
Middle and Junior High Schools 

Juvenile Services Division 

Mental Health Commission 
Division of Mental Health 



Dr. Lenore Behar, Chief 



Sue Glasby, Head 



William Windley 
Director 



Wayne Dillon 

Dr. Thomas Danek, Administrator 
Dr. Richard Surles 



41 ? 



June 24, 1977 

Division of Youth Services 

Pupil Personnel Services 
Department of Public Instruction 



Thealeta Monroe 
Thelma Lennon 



413 



IV. ADDITIONAL PERSONS INTERVIEWED 



Date 



Appears Before 



April 15, 1977 Staff 



June 30, 1977 Staff 



July 20, 1977 
July 21, 1977 



July 8, 1977 



Staff 

Richard Martin 
Staff and 
Mr. Doyle Wood, 
LEAA, Atlanta 
(included visit 
to group homes) 



Services Subcommittee 



Individuals 

John W. Kennedy 

Chairman of the Youth Services 

Commission 

Gary Green, Psychologist 

Dillon School 

Butnar, North Carolina 

Dr. Minta Saunders 

Anita Desio, Administrative 
Assistant;, Haven House 
Raleigh, North Carolina 

Mary Leuba, Wake County 
Court Volunteer Coordinator 

Jim Ulrick, Wake County 
Court Psychologist 

Judge Gordon Gentry 
District Court Judge 
18th Judicial District 



July 22, 1977 Services Subcommittee 



July 25, 1977 Staff 



Staff of Youth Care, Inc. 
Greensboro, North Carolina 

Junius S. Grimes, III 
Director 

CARELINE 



August 1, 1977 Charles Dunn 

and Staff 



August 16, 1977 



Charles Dunn, 
Representative 
Margaret Tennille 
and Staff 



Dudley Flood 

Assistant Superintendent of 

Human Relations and Student 

Affairs 

Department of Public Instruction 

Dr. Minta Saunders, Assistant 
Secretary for Children, Department 
of Human Resources 



414 



Wiley Teal, Chief of Detention, 
Division of Youth Services 

John M. Syria, Assistant 
Director for Programs and 
Policies, Division of Social 
Services 

Sue Glasby, Chief of 
Children's Services Section, 
Division of Social Services 



August 26, 1977 Full Committee 



Gil Jardine 

Criminal Justice Department 

University of North Carolina at 

Charlotte 



September 15-16, Staff 
1977 (Included visit 

to facilities) 



The Honorable Judge Gilbert H 

Burnette 

Chief District Court Judge 

5th Judicial District 



Charlie Jones, Director 
Ocean Sciences Institute 
Wilmington, North Carolina 

Personnel at the New Hanover 

County 

Juvenile Services Center 

Members of the New Hanover County 
Juvenile Services Center 
Disposition Team 



September 
30. 1977 



Services Subcommittee 



John Dietrick, President 
National Juvenile Detention 
Association 



September 
30, 1977 



Laws Subcommittee 



Gwen Ingram, Director 
Youth Center 

National Council on Crime 
and Delinquency 
Washington, D. C. 



October 5, 1977 Richard Martin 

and Staff (Included 
visit to facility) 



William Casey, Director 
Wake County Detention Home 



November 4, 1977 Services Subcommittee Jim Johnson 



November 14. 1977 Laws Subcommittee 

(Included visit 
to facility) 



James Daugherty 

Training Staff, Wright School 

Durham, North Carolina 



415 



February 13, 1978 Staff 



March 6, 1978 



Staff 



March 13, 1978 Staff 



March 13, 1978 Staff 



Marvin Williams 
N.C. Justice Academy 

Judy Kornegay 

Special Counsel, Dorothea Dix 

Hospital 

Thomas J. Barnett, Head 
Wilderness Camps 

Dr. Lenore Behar, Chief 
Children & Youth Services 
Division of Mental Health 



Dr. Mary Kilburn, Head 
Special Needs Branch 
Division of Social Services 

Dr. Helen Crisp 

Asst. Director fee Treatment 

and Evaluation 

Division of Youth Services 



March 14, 1978 Staff 



Dr. Thomas A. Danek 

Administrator 

Juvenile Services Division 



March 20, 1978 Staff 



March 22, 1978 Staff 



Clara Oppenheim 
Adolescent Unit 
Dorothea Dix Hospital 

Diane Porter 

Division of Youth Services 



April 18, 1978 



Barbara Sarudy 
and Staff 



Captain S. B. Simpson 

Youth Division 

Greensboro Police Department 



J. Manley Dodson 
Chief Court Counselor 
18th Judicial District 

Dr. Johnny Presson, 
Asst. Superintendent 
Guilford County Schools 

Margaret Zimmerman 
Guilford County Schools 

James King 

Guilford County Schools 



416 



April 26, 1978 Richard Martin Larry Orendorf, Director 

and Staff Camp E-TOH-KAL-U 

(Included visits Therapeutic Wilderness Camp 

to facilities) Hendersonville, North Carolina 

Bob Pickard, Former Director 
Camp E-TOH-KAL-U 

Don Padgett, Director 
Juvenile Evaluation Center 
Swannanoa, North Carolina 

April 27, 1978 Richard Martin Betty G. Alley 

and Staff Chief Court Counselor 

30th Judicial District 

Leah Jaudon 

Court Counselor in charge of 
Specialized Foster Care Program 
30th Judicial District 

Lane Mallonee 

Intake Counselor 

30th Judicial District 

May 3, 1978 Judge George F. Juvenile Officers Association 

Bason and Sarah 
Patterson of the 
Staff 

May 10, 1978 Robert Collins Max Jackson, Director 

of the Staff Division for Field Services 

Bureau for Social Services 
Department for Human Resources 
Frankfurt, Kentucky 

May 11, 1978 Robert Collins June Deiuca, Program Planner 

of the Staff Bureau for Social Services 

Dept. for Human Resources 
Frankfurt, Kentucky 

Ron Camic, Residential Services 

Specialist 

Bureau for Social Services 

Dept. for Human Resources 

Frankfurt, Kentucky 

Margaret Hockensmith, Executive 

Assistant to Commissioner 
Bureau for Social Services 
Dept. for Human Resources 
Frankfurt, Kentucky 



417 



Charles Bonta, Community Treatment 

Specialist 
Bureau for Social Services 
Dept. for Human Resources 
Frankfurt, Kentucky 

Jean Kendall, Systems Administrator 
Bureau for Social Services 
Dept. for Human Resources 
Frankfurt, Kentucky 

Albert Linder, Staff Assistant 

to Director 
Division for Field Services 
Bureau for Social Services 
Dept. for Human Resources 
Frankfurt, Kentucky 

Jack Lewis, Commissioner 
Bureau for Social Services 
Dept, for Human Resources 
Frankfurt, Kentucy 

Robert McClure, Educational 

Coordinator 
Bureau for Social Services 
Dept.. for Human Resources 
Frankfurt, Kentucky 



May 17, 1978 



Sarah Patterson 
of the Staff 



Nancy Patteson 

Chief Court Counselor 

7th Judicial District 



May 30, 1978 



Charles Dunn 
and the Staff 



Captain S.B. Simpson 

Youth Division 

Greensboro Police Department 



August 24, 1978 



Judge George F. 
Bason, Richard 
Martin, and 
Staff 



Task Force on Abuse and Neglect 



September 28, 
1978 



Charles Dunn, 
Richard Martin, 
and Staff 



Dr. J. H. Melton 

Deputy State Superintendent 

Department of Public Instruction 



Joe Little 

CETA Coordinator 

Department of Public Instruction 



418 



Dudley Flood 

Assistant Superintendent of 

Human Relations and Student 

Affairs 

Thelma Lennon, Director 
Pupil Personnel Services 
Department of Public Instruction 

Dr. Jerry Beaver, Director 

Secondary Education 

Department of Public Instruction 

Vaden B. Hairr 
Associate Director 
Vocational Education of the 

Department of Public Instruction 

Ben Douglas Robertson 
Consultant in Social Studies 
Department of Public Instruction 

Dwight Whitted 

Consultant in School Social Work 

Department of Public Instruction 

Robert U. Hinkle, Jr. 
Juvenile Justice Specialist 
Division of Crime Control 



OTHER PERSONS APPEARING BEFORE THE COMMITTEE 

March 19, 1978 Dr. Sarah Morrow, Secretary 

Department of Human Resources 

March 31, 1978 Dennis Grady, Director 

Office of Community Program 
Coordination 

May 12, 1978 Diane Porter 

Division of Youth Services 

William Windley, Director 
Division of Youth Services 



419 



V. RECENTLY ENACTED AND PROPOSED CODES OF OTHER STATES REVIEWED 



California - California Laws Relating to Youthful Offenders, 

including the Youth Authority Act, the Juvenile Court Law, 

and 1976 Legislative Changes. 

Florida - Florida Statutes, Chapter 39 and 959 (procedures to 

be followed in processing juvenile offenders) ; Committee substi- 
tute for Senate Bill No. 119 (effective 10/1/78); A Summary of 
the Interim Report on the Impact of the 1975 CINS Decriminali- 
ion (report on removal of status offenders from 
juvenile justice system); and Administrative Rules for Depart- 
ment of Health and Rehabilitative Services (defines minimum 
standards for care and treatment of juveniles placed in Youth 
Services Program) . 

Georgia - The Juvenile Court Code (as amended through 1976) . 

Illinois - Illinois Juvenile Court Act, 1974 revision of l^c6 legis- 
lation. 

Indiana - Indiana Juvenile Code (Proposed Final Draft, 1977). 

Iowa - Report of the Juvenile Justice Study Committee; House File 
248;~1977. 

Maine - H.P. 1794 - L.D. 1894 (An Act to Establish the Maine Juvenile 
Code - effective 7/19/77); Final Report of Maine's Commission to 
Revise the Statutes Relating to Juveniles. 

Maryland - House of Delegates Bills No. 363, 368, 369, 380, 692, 693, 

716, 820, 865-867, 997, 1884; Senate Bills No. 331, 401, 625, 850; 
Title 3, Subtitle 8, 33-801-33-833 Juvenile Causes. 

Michigan - House Bill No. 4376 (pending), 1977. 

Oregon - 1976 proposed revision of Oregon Juvenile Code; Senate Bill 2 
(revises Juvenile Code) ; A - B - C - Engrossed copies of Senate 

Bill 2. 

Pennsylvania - Juvenile Court Act 333 of 1972 as amended by Act 41 of 
1977; Senate Bill 852, enacted at 1976 Session, Public Welfare 
Laws - Child Welfare Program. 

South Carolina - Youth Services Act of 1975, Youth Services Legislation 
to revise Juvenile Code, commonly referred to as Children Unable 
to Cope; Youth Bureau Operational Procedure Manual, outlines Youth 
Bureau Services, philosophy and goals with respect to status 
offenders. 

Utah - House Bill 340, Diversion of Non-criminal Offenders, 1977. 



420 



Virginia - Juvenile and Domestic Relations District Courts. 

An Act to amend and reenact § § 63.1-56, 63.1-195, 63.1-204 and 
63.1-248.9 as saverally amended, of the Code of Virginia; to 
amend the Code of Virginia by adding in Title 16.1 a chapter 
numbered 11, consisting of sections numbered 16.1-226 through 
16.1-329 and by adding sections numbered 53-327.1, 53-329.1 and 
63.1-206.1; and to repeal Chapter 8 of Title 16.1 of the Code 
of Virginia consisting of sections numbered 16.1-139 through 
16.1-217, and § 63.1-248.12, as severally amended, the amended, 
added and repealed sections relating to the establishment of 
juvenile and domestic relations district courts and other laws 
regarding services to children. 

Enacted, 1977. 

Washington - Third Substitute House Bill Number 371, Chapter 291 - 
Basic Juvenile Court Act, ratified June 10, 1977; effective 
July 1, 1978. 



421 



VI . BOOKS 



Council of Judges of the National Council on Crime and Delinquency. 
Model Rules for Juvenile Courts . New York: National Council 
on Crime and Delinquency, 1969. 

Council of Judges of the National Council on Crime and Delinquency. 

Model Sentencing Act (2nd ed.). Hackensack, N.J.: The National 
Council on Crime and Delinquency, 1972. 

Council of State Governments. Juvenile Facilities: Functional 

Criteria . Lexington, Kentucky: Grant No. 76-NX-008Q, 1977. 

Cressey, D. R. and R. McDermott. Diversion From the Juvenile 

Justice System . Ann Arbor: National Assessment of Juvenile 
Corrections, University of Michigan, 1973. 

Davis, Samuel M. Rights of Juveniles: The Juvenile Justice System . 
New York: Clark Boardman Company, Ltd., 1974. 

D in een , Jo hn . Juvenile Court Organization and Status Off^-rises: 

A Statutory Profile . Pittsburgh, Pennsylvania: National Center 
for Juvenile Justice, December, 1974. 

Fox, Sanford, Jr. Juvenile Courts in a Nutshell . St. Paul, 
Minnesota: West Publishing Co., 1971. 

Johnson, Thomas A. Introduction to the Juvenile Justice System . 
St. Paul, Minnesota: West Publishing Co*, 1975. 

Legis 50, Legislative Policymaking in Juvenile Justice: Four Case 
Studies . Englewood, Colorado: Legis 50/ The Center for 
Legislative Improvement, 1976. 

Levin, M. M. and R. Sarri. Juvenile Delinquency: A Comparative 
Analysis of Legal Codes in the United States . Ann Arbor: 
National Assessment of Juvenile Corrections, University of 
Michigan, 1974. 

National Association of Counties Research Foundation. Juvenile 

Delinquency: A Basic Manual for County Officials . Washington: 
National Association of Counties Research Foundation, 1976. 

National Juvenile Law Center. The Juvenile Court: Current Problems, 



Legislative Prposals, and a Model Act . St. Louis: St. Louis 
University School of Law, 1976. 

Paulsen, Monrad G. and Charles H. Whitebread. Juvenile Law and 

Procedure . Reno, Nevada: National Council of Juvenile Court 
Judges, 1974. 

Sarri, Rosemary. Under Lock and Key: Juveniles in Jails and 
Detention . Ann Arbor: National Assessment of Juvenile 
Corrections. 



422 



Sarri, R. and Y. Hasenfeld (eds.). Brought to Justice? Juveniles , 
The Courts, and the Laws . Ann Arbor: National Assessment of 
Juvenile Corrections, University of Michigan, 1976. 

Stapleton, W. Vaughn and Lee E. Teitelbaum. In Defense of Youth . 
New York: Russell Sage Foundation, 1972. 

States' Criminal Justice Information and Assistance Project, The 
Council of State Governments, Status Offenders: A Working 
Definition . Lexington, Kentucky: The Council of State Govern- 
ments, September, 1975. 

Thomas, 'Mason P., Jr. and L. Lynn Hogue. Kids and Ccps . Chapel Hill, 
N.C.: Institute of Government, 1974. 

Vinter, R.D. , G. Downs and J. Hall. Juvenile Corrections in the States : 
Residential Programs and Deinstitutionalization . Ann Arbor: 
National Assessment of Juvenile Corrections, University of Michi- 
gan, 1976. 

Vinter, R.D. , T. Newcomb and R. Kish (ed.). Time Out: A National Study 
of Juvenile Correctional Programs . Ann Arbor: National Assessment 
of Juvenile Corrections, University of Michigan, 1976. 

Weinstein, Noah. Legal Rights of Children . Reno, Nevada: National 
Council of Juvenile Court Judges, 1973. 

Wolfgang, Marvin. Delinquency in a Birth Cohort . Chicago, Illinois: 
University of Chicago, 1972. 



423 



VII. GOVERNMENTAL DOCUMENTS 

Juvenile Justice and Delinquency Prevention Act of 1974, 93rd Congress , 
September, 1974. 

United States Congressional Record, Vol. 120 (1974): 
July 1, H.R. 15276 considered and passed House. 
July 25, considered and passed Senate. 

July 31, considered and passed House, amended, in lieu of H.R. 15276 
August 19, Senate agreed to conference report. 
August 21, House agreed to conference report. 

Office of Human Development and Office of Youth Development, Model Acts 
for Family Courts and State-Local Children's Programs . Washington, 
D.C.: United States Department of Health, Education and Welfare. 
(1975), DHEW Publication No. 75-26041. 



424 



VIII. REPORTS 



Austin, Joseph, Richard Levi and Phillip J. Cook. A Summary of 

State Legal Codes Governing Juvenile Delinquency Proceedings . 
North Carolina: Duke University. Center for the Study of 
Criminal Justice Policy, 1977. 

California Youth Advisory. The San Diego Detention Control Study : 
August 1974 to July 1975 . Sacramento, California: California 
Youth Authority, December, 1975. 

Calog, Judy. Issues on Status Offenders . A Report Prepared for the 
New York State Division for Youth for the Council on Corrections 
of the National Council on Crime and Delinquency, November, 1974. 

Clarke, Stevens H. and Gary G. Koch. Juvenile Court Dispositions 

and the Juvenile Defender Project . North Carolina Institute of 
Government, Novemoer, 1977. 

Commonwealth of Massachusetts. Final Revision of Task Force Report on 
Children and Family Services Reorganization . Publication No. 
8759-123- 3-76-CR. Commonwealth of Massachusetts: March, 1976. 

District of Columbia. Juvenile Justice Section of 1978 Comprehensive 
Plan . 

Gilman, David. How to Retain Jurisdiction Over Status Offenses: Change 
Without Reform in Florida . A Report prepared for the National 
Council on Crime and Delinquency. Columbus, Ohio: The Ohio State 
University, September, 1975. 

Governor's Advisory Committee on Youth Development. Report of the 

Governor's Advisory Committee on Youth Development . North Carolina: 
Governor's Advisory Committee on Youth and Development, 1973. 

Indiana. An Introduction to the Proposed Juvenile Code . Prepared by 

the Juvenile Justice Division of the Judicial Study Commission, 1978. 

Law Enforcement Assistance Administration (LEAA) National Institute for 
Juvenile Justice and Delinquency Prevention. Interim Report of the 
Advisory Committee to the Administrator on Standards for the 
Administration of Juvenile Justice . Washington, D.C.: LEAA, 
March, 1976. 

Report of the Advisory Committee to the Administrator on Stan- 
dards for the Administration of Juvenile Justice . LEAA, September, 
1975. 

Report of the Advisory Committee to the Administrator on Stan- 
dards for the Administration of Juvenile Justice. LEAA, March, 1977. 



425 



Legislation Commission on Correctional Programs. Final Report of 

Legislative Commission on Correctional Programs . North Carolina: 
Legislative Commission on Correctional Programs, February, 1977. 

Maine . Report of the Commission to Revise the Statutes Relating to 
Juveniles , March, 1977. 

Maryland Commission on Juvenile Justice. Final Report of the Maryland 
Commission on Juvenile Justice . Maryland: Commission on Juvenile 
Justice, 1977. 

Maryland . Report of the Legislative Council Special Committee on Juve- 
nile Courts , January, 1966. 

Mecklenburg Youth Services Action Board. "A Summary of Major Studies 

of the Juvenile Justice System and Juvenile Delinquency." Prepared 
by the Mecklenburg Youth Services Action Beard. North Carolina: 
Mecklenburg Youth Services Action Board, 1977. 

Mental Health Study Commission. Legislative Report of the Mental Health 
Study Commission for the North Carolina General Assembly . North 
Carolina: Mental Health Study Commission, 1977. 

Minnesota. F.eport by the Superior Court Juvenile Justice Study Commis- 
sion , November, 1976. 

National Advisory Commission on Criminal Justice Standards and Goals. 
Report of the Task Force on Juvenile Justice and Delinquency 
Prevention . Washington, D,C: National Advisory Committee on 
Criminal Justice Standards and Goals, 1976, 

New York. Juvenile Justice Section of the 1977 Comprehensive Crime Con- 
trol Plan . Prepared by the Division of Criminal Justice Services, 
1977. 

North Carolina Bar Association. As the Twig is Bent . A Report on the 
North Carolina Juvenile Corrections System Prepared by the North 
Carolina Bar Association's Penal System Study Committee, 1972. 

Office of the Attorney General (Ohio) . Final Report of the Attorney 

General's Juvenile Justice Task Force . Columbus, Ohio: Office of 
the Attorney General, 1976. 

Office of the Attorney General (California) . Report of the Attorney 
General's Task Force on Juvenile Justice . A Report prepared for 

fice of the Attorney General. State of California. Sacra- 
mento, California: Office of the Attorney General, January, 1975. 

Office of Industrial, Tourist and Community Resources. A Juvenile Delin - 
quency Plan for North Carolina . North Carolina: Law and Order 
ivision, Office of Industrial, Tourist and Community Resources, 1971, 



426 



Ohlin, Lloyd E. , Alden D. Miller and Robert B. Coates. Juvenile Cor - 
rectional Reform in Massachusetts . A Preliminary Report of the 
Center for Criminal Justice of the Harvard Law School. Cambridge, 
Massachusetts: Harvard Law School, 1977. 

Operational Audit. Community Based Program . North Carolina Department 
of State Auditor, 1976. 

Supreme Court Juvenile Justice Study Commission (Minnesota) , Report to 
the Minnesota Supreme Court . Minnesota: Supreme Court Juvenile 
Justice Study Commission, 1976. 

The Future of Juvenile Justice in North Carolina . Annual Workshop Report 
of the North Carolina Juvenile Correctional Association and the 
North Carolina Justice Academy, 1977. 

Williams, Marvin E. Suggested Youth Services Division for North Carolina 
Law Enforcement Agencies . A Monograph Presented to Goddard College, 
March, 1978. 

Wisconsin. Juvanile Justice Standards and Goals . Prepared by the 

Special Study Committee on Criminal Justice Standards and Goals, 
December, 1975. 

Young, Thomas M. , and Donnell M. Papperfort. Secure Detention of Juve- 
niles and Alternatives to Its Use: Phase 1 Report . Chicago, Illinois 
University of Chicago, 1976. 

Youth Bureau Division (South Carolina). "Have You Hugged Your Kid Today." 
South Carolina: South Carolina Department of Youth Services, 
Youth Bureau Division, 1977. 



427 



ERRATA 



1. In the numbering of pages, there are two pages numbered 6 
There is no duplication in content. 

2. In the numbering cf pages, there are no pages numbered 83 
or 163. There is no ommission in content. 



428 



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